Forum Moderators: not2easy
Its about someone making a site with a similar name. Not like widgetdownload but unique, brandable. I dont know wether to take it personally (likely they did it knowing what they were doing)or if they just liked the name and had similar ideas etc.(less likely)
They say I.T. is the fastest growing employment sector. Within a few years there will be another fast growing sector, internet lawyers.
Say your business is mountainviewwidgets.com and you have a trademark in Canada.
Someone starts up mountainheadwidgets.com in the uS and delivers similar content.
A trademark lawyer advises you that you do not have a case because without a US trademark you are not protected.
Where does that leave us?
Open season on anything without an international trademark. Will search engines have to evolve to filter the US site from Canadians using a search? Could they would be seen as fascilating the infringemnet if they didnt?
For example if Brett didnt have a candian trademark , one could create webmasterwold.com and make it a webmaster forum. What could he do without a canadian trademark? File a complaint under DMCA?
I dont think it would stick because the content is similar but is not a copyright infringement.
This electronic wild west is going to get a lot wilder and eventually those that cant afford legal action will have to bear the loss or go postal.
Similar experience and got no where in the courts. You will find that there is not a large body of case law to draw upon. Not only are lawyers not familiar with it but judges are also uninformed on the subject.
I think in the future there will be classes pertaining to Internet Law in the
better law schools in the nation.
You will eventually have lawyers that will specialize in Internet Law, like others who practice in corporate, tax, criminal, etc.
Sad but true the legal profession is a growth industry!...KF
You will find that there is not a large body of case law to draw upon.
