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Are Words copyrighted


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#1 test-ok

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Posted 27 July 2006 - 05:58 PM

Lets say you start a site and are selling Pepsi goodies , like Pepsi banks.
Can Pepsi come after you because you list the word Pepsi on your site?
(Not using any logo just the word)
This has puzzled me for some time, can't find any clarification on it.

#2 Respree

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Posted 27 July 2006 - 06:22 PM

If I said on a website, "I drank a Pepsi today," I don't think Pepsi would come after me.

If I were selling Pepsi banks on the Internet (or elsewhere) using any of their trademarked terms that might lead a reasonable person to conclude your commercial site and Pepsi's might somehow be connected, then I think you could potentially have an issue on your hands.

"Test-ok's banks," in contrast, would be risk free (I think).

What is trademark infringement?
http://cyber.law.har...domain/tm.htm#3

#3 test-ok

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Posted 28 July 2006 - 12:54 PM

Very good resource.
Thanks for the link :)

added:
You did so well on the first scenario here's another one.

Lets say you purchase used cars from individuals, Fords, Chevy's, Dodge...all kinds
and created a web site that sold these cars...
Question? Can or would Ford, Chevrolet or GM have a case against you ( for trademark issues) if you listed your cars for sale and used the names Ford, GM as part of the description or had a web page that was called Dodge which listed all the Dodge cars you had for sale etc...(keeping in mind using just the word no logo or any of their printed material)
also having a clause at the bottom of every web page stating that this site is not affiliated with any of the Manufacturers.

I'd love to hear if you think there's a trademark issue in the above scenario and anyone else who wants to chime in.
Thanks

Edited by test-ok, 28 July 2006 - 01:12 PM.


#4 Black_Knight

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Posted 28 July 2006 - 02:58 PM

As a dealer you are perfectly entitled to use the brand of the product in context. What you couldn't do though is pass off some other generic car as that brand.

Nor could you misuse or misrepresent the brand in another way - such as implying that you worked directly for Ford or Dodge, etc.

The real answer is always going to be the same to any specific legal question however - that is seek legal advice in your district for the laws that apply to your situation. Exact circumstances alter cases. In some countries there is very little law regarding intellectual property, and in others there is masses. For any genuine legal question, always seek qualified legal advice specific to your case and situation.

#5 test-ok

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Posted 28 July 2006 - 05:12 PM

I understand seeking legal advice from a lawyer, If someone files a case against you, but I had a few yanking my chain which is why I'm hear asking or investigating this issue. Can't see getting a lawyer until one is needed. ;-)
thanks for your thoughts.



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