Legal advice

[sportsforum]

ok people now that I have this up and running

We act as an intermidiary, we are not a dealer.

Advice please
Thanks in advance.

Thanks people, advice taken on board, my other alternative is to talk to a friend who owns and runs a Toyota dealership and use it in conjunction with them obviously providing Toyota approve of it. Maybe I could do it like this. I can do without brain damage from a large company like Toyota, I have a passion for their product and still work with them, I'd hate to tarnish an already good relationship

 

[weblord]

for all my readings i got from here, toyota is a trademark. im not a legal person btw.
someone more knowledgeable might help out.

 

[sportsforum]

Thanx weblord

 

[evertonian7uk]

they will come after you for that, regardless of the fact you send them traffic, your not a dealer, or an affilate so my advise is to drop the name or surrender it when they come asking for it,

toyota have in the past gone straight to UDRP - you might not even know they are starting proceedings against you.

this is a poor choice of name imo.

i checked the site out and i noticed that your acting as a source for cars, you dont actually sell them right?

buyer A comes to your site, orders a camry - you then go to your dealer and order the car from them - and deliver the unit, and get a commision, thats trading on toyota's TM, without there consent, im no expert but i run a dealership in Germany for the US military and have gone through similar things with ford and Chrysler, you need permission to use there TM.

 

[labrocca]

You will need to find someone familiar with Australian law (assuming that's where you live). imho your site might be under the guidelines of fair-use but of course you may need to speak with a lawyer if you are really worried about this.

You should also look up previous WIPO decisions for toyota to see if they have a history of going after fan sites. Often companies only go after certain domains and ones that aren't fan sites.

 

[tricolorro]

ok people now that I have this up and running

http://www.newtoyota.com.au

Do you think toyota will hammer me?

Cause at the end of the day its only going to help put their product in the traffic.

We act as an intermidiary, we are not a dealer.

Advice please
Thanks in advance.

:hi:

If a TM holder would allow this usage without express permission because
it is "...only going to help put their product in the traffic., then they would be allowing dilution of their TM and could eventually lose it.

Anyone else could make the same claim to support their usage of the TM
without permission...and it would snowball downhill from there.

Toyota would be obligated to come after you once they learn of
your activities.

TMs MUST be protected.

Do you think toyota will hammer me?.

Since you haven't done anything (yet) to hurt them, I suspect they
would send you a C&D and ask you to transfer the domain to them
or to cancel the registration.

I suggest you comply.

Just :imho:

Patrick

You will need to find someone familiar with Australian law (assuming that's where you live). imho your site might be under the guidelines of fair-use .

Labrocca,

Toyota is not some small company, they are International.

How could you possibly suggest that his illegal usage of such a well known TM may be protected under any Fair Use provision?

Did you visit the website?

It is so clearly Commercial in nature.

Patrick

 

[sportsforum]

Thanks people, advice taken on board, my other alternative is to talk to a friend who owns and runs a Toyota dealership and use it in conjunction with them obviously providing Toyota approve of it. Maybe I could do it like this. I can do without brain damage from a large company like Toyota, I have a passion for their product and still work with them, I'd hate to tarnish an already good relationship.

:hi:

If a TM holder would allow this usage without express permission because
it is "...only going to help put their product in the traffic., then they would be allowing dilution of their TM and could eventually lose it.

Anyone else could make the same claim to support their usage of the TM
without permission...and it would snowball downhill from there.

Toyota would be obligated to come after you once they learn of
your activities.

TMs MUST be protected.



Since you haven't done anything (yet) to hurt them, I suspect they
would send you a C&D and ask you to transfer the domain to them
or to cancel the registration.

I suggest you comply.

Just :imho:

Patrick



Labrocca,

Toyota is not some small company, they are International.

How could you possibly suggest that his illegal usage of such a well known TM may be protected under any Fair Use provision?

Did you visit the website?

It is so clearly Commercial in nature.

Patrick

Thanks people, advice taken on board, my other alternative is to talk to a friend who owns and runs a Toyota dealership and use it in conjunction with them obviously providing Toyota approve of it. Maybe I could do it like this. I can do without brain damage from a large company like Toyota, I have a passion for their product and still work with them, I'd hate to tarnish an already good relationship

Thanks people, advice taken on board, my other alternative is to talk to a friend who owns and runs a Toyota dealership and use it in conjunction with them obviously providing Toyota approve of it. Maybe I could do it like this. I can do without brain damage from a large company like Toyota, I have a passion for their product and still work with them, I'd hate to tarnish an already good relationship

 

[flamewalker]

One thing you might do, is call each toyota dealer in australia, and ask them if they would like to be a part of your site, and create a searchable database where they can post their vehicles for sale, or even just a location lookup tool so people can find a local dealer.

 

[sportsforum]

One thing you might do, is call each toyota dealer in australia, and ask them if they would like to be a part of your site, and create a searchable database where they can post their vehicles for sale, or even just a location lookup tool so people can find a local dealer.

yeh not a bad idea, but still if Toyota were inclined to come after me for doing what we are now, surely they'll ask me to stop doing something like that wouldn't they?

What you think?

 

[flamewalker]

They can say/ask anything they want. I think that way would be a lot less threatening to them/their business if you did it that way.

If in doubt, ask the company if its ok if you do 'this or that' with the domain. Since you would be associating with Toyota dealers, IMHO, it would be better than your original plan.

 

[cartoonz]

Thanks people, advice taken on board, my other alternative is to talk to a friend who owns and runs a Toyota dealership and use it in conjunction with them obviously providing Toyota approve of it. Maybe I could do it like this. I can do without brain damage from a large company like Toyota, I have a passion for their product and still work with them, I'd hate to tarnish an already good relationship.

The ONLY way that Toyota Motor Co. can allow anything like this is if thier dealer actually OWNS and operates it, as the dealer has approval to trade on the Toyota TM.

YOU can't. No matter what sort of wiggling you do, you are trading on the Toyota name.

What you have up there right now could get you sued for so much you'd likely never recover. It is no longer a matter of a "domain dispute", you are actively running a business trading on the Toyota Mark.

I'd shut it down completely and maybe see if you can get a few bucks from your dealer pal to use officially but anything else is suicide.

of course, I am not an attorney and your milage may vary, etc, etc, usual disclaimer. That does not neccessarily mean I'm wrong by any means though :lol: