TM but site disclaimer

[Robbie]

Is it ok to have a site that is a TM but has a site disclaimer?

I think I know the answer but Im interested to here thoughts on this?

 

[darknight867]

Do you mean if the TM is pre-existing but you want to use this TM term as your site name and have a disclaimer on your site about the TM term?

 

[Robbie]

yes like that.

 

[danBoT]

a TM is a TM so no thats like saying its ok to rob someone as long as you say sorry while you do it

 

[darknight867]

In that case my answer is Disclaimers do not help with TM violations, either way you are using somebody else's TM. Unless you get a written permission I don't see how the site won't get in trouble.

Thanks.

 

[Robbie]

I know thats what I thought.

I shall leave the site undeveloped.

Thanks to all who took part.

 

[Pommy - The DN Doc]

My understanding as a non-lawyer is that a TM is territorial - with respect to geography and product area. For example, a computer company might register the TM "Fire" in the US. That does not mean that you cant reg. fire.com, but would be wise to avoid sticking content and especially adsense about computers.

Some TMs are felt to be so widely recognised that a dilution effect might be felt to occur. These are huge names like coke and disney. Regging these are more likely to be a TM issue, and are less defensible (if at all) under the UDRP process.