shock news: using someone else’s trademake in a domain name can be infringment

Geeklawyer has seen a certain amount of confusion about phones4u’s win in the Court of Appeal which he feels obliged to correct, free of charge natch. While it is true that they lost their claim that using phone4u.co.uk infringed the trademark ‘phones4u’, this was merely because the mark had been registered with the caveat that it was limited to the colours red white and blue. Since the defendant, mr Heykali a phones4u customer, didn’t and couldn’t use coloured urls there was no infringement. Had there been no such qualification on the trademark right granted there would have been infringement.

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1 Comment »

Comment by MS
2006-06-14 00:54:52

Speaking of phones4u and trademark infringement, don’t their recent ads infringe the trademark gang hand-signs of the LA Bloods?

http://www.phones4u.co.uk/info/adverts/Billy_LG8360.mpg

See ‘Brims’ for example
http://zimmer.csufresno.edu/~haralds/htmlfiles/gang-signs.html
http://www.streetgangs.com/gallery/fhm/photos/photo5.html

Time, it seems, for a mischievous notice of infringement letter?

http://www.phones4u.co.uk/info/info_tvadverts.asp

 
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