Forum Moderators: not2easy
The title is say New York Pogo Stick Hire (substitute New York and Pogo Stick for any place and Pogo Stick for the thing you want to hire)
They have effectively Registered and coprighted (so they say) a generic descriptive Keyword . their website is called NewYorkPogoStickHire.com.
Can they do this as they say I am being misleading in implying I am reffering to their company. Its been up for around 4 years too.
So where can this end I can see someone effectively copyrighting all the decent Google Keywords like BlueWidgets.com and asking anyone with Blue Widgets to stop using it.
I am talking about a geographical location and then something after it.
Can they stop me doing it?
I have changed it to eg New York USA Pogo Stick Hire but what if tehy the register this?
I didn't think you could register names like this?
If they can do this this has BIG implications for how websites operate as there could be a rush to register good keywords as company names!
Check out www.chillingeffects.org and also do a search at USPTO.gov to see if they've got it trademarked, which is what it sounds like they're saying.
Thanks for the reply.Its actually an Australian company,
Its actually for Car Hire ie think of a well know place in Australia like
WellKnownAussieCity Car Hire.
I had used this merely as a title
I read this on the Australian Government IP website
1. Your trade mark needs to be something that other traders don't need to use in the normal course of their trade.
Every-day language and vocabulary should remain available for all to use. Granting monopoly rights in words such as geographical names, common surnames and trade expressions would deprive others of their right to use these words in the relevant industry.
The following are examples of trade mark types that other traders are unlikely to need to use:
* Invented Words such as LOCAJ
* Suggestive or Emotive Words such as FORTUITOUS CAT for pet food
* Words that don't describe what they will be used on such as ANVIL for computers
I don't think they can do this but what if its regiaterd in India or somewhere.
I think they are trying it on but I can't afford a lawyer to fight anything..
The following points are examples of words or phrases used on their own, ie not with accompanying logo or other words. These are types of words that other traders are very likely to need to use and consequently would be very difficult to register as trade marks:
* Descriptive words and phrases on their own
A simple example would be an apple farmer trying to register the phrase THE BEST APPLES. Obviously other apple farmers have a legitimate need to be able to say that they grow the best apples too. It would be unfair on other apple farmers to give one apple farmer exclusive rights to this phrase. Descriptive trade marks are difficult, and therefore expensive, to register and enforce.
Examples of some other words that are extremely difficult to register (because they are something that other traders would need to use to describe their goods or services) include:
o STRAWBERRY for drinks
o WARM for heaters
o TOMATO for sauce
o GLOBAL for freight shipping services
o Geographical names on their own
The name they are trying to protect is a geographical name folowed by the item people want to hire.
ie " Every-day language and vocabulary should remain available for all to use. Granting monopoly rights in words such as geographical names, common surnames and trade expressions would deprive others of their right to use these words in the relevant industry."
[ipaustralia.gov.au...]
Its a generic as say Sydney Hotels but this term is used all over the WEB to describe Hotels in Sydney.
I did a google search with the name they're trying to stop me using and 100's of sites including big companies like Hertz, Avis etc etc are using it too-its just a descriptive keyword. Theres little choice NOT to use it to be honest!
The thing is if I don't stop using it and then get a letter from their lawyers what do I do? I'm not a big operation who can hire lawyers myself.
This is how they end their email
Consequently, if you like, you can either ensure proper details are utilized on the page thereby ensuring my company appears or kindly cease from utilizing the information which is misleading
Here in the U.S. you can get a lawyer's ear and advice for anywhere between $35-$100 for a half hour, which is about all he/she would need to give you a yeah or nay.
Iv'e changed it as its not particularly a good keyword for us anyway, But this company is Not British Petroleum! . If someone wanted to find this particular thing to hire in this area they would most likely type in this search term into Google-its purely a Geographical Area (very well known)+thing+hire! I know he hasn't got a leg to stand on and he's just trying it on but I can't be bothered with the hassle at this stage. If he tries it in another area or over another product I will fight him.
Just because he has registered domain name he says he has legally protected the keyword.
I just want to bring it to your attention as people may try and do this more and more in the future.
Thanks I may contact alawyer for some advice as you say as this is just ludicrous
That's one of the most ridiculous things I've ever heard.
[edited by: Marcia at 8:55 pm (utc) on Mar. 4, 2008]
where abcd = Well known and used name of famous Geographical location,
and 123 = every day product people would want to hire, there are millions of these everywhere.
I am the Registered and Protected Trademark Owner of:abcd 123 Hire ®
and am unaware of the usage above as I am definitely not available from the companies mentioned in your ad on url:http://www.#*$!x.com/#*$!.htm
Consequently, you can either ensure proper details are utilized on the page thereby ensuring my company: abcd 123 Hire ® appears there or kindly cease from utilizing the information which is misleading.I can understand that you are unaware of my status with respect to abcd Car Hire.
etc etc
If someone was wanting to hire a 123 in location abcd they would most likely type "abcd 123 hire" into google.
So in effect he says he has protected a keyword- I can't see how he could possible have protected the name though, as trade mark guidelines don't allow a geographical location to be used like this.
The friendly warnings should not hold up in court if he brings you to one, and he should try to resolve the issue with you before going to court.
If it's a small claims court then he should send you a notice (starting with "Without Prejudice")
At least in Canada it's like that in Canada (but since you're part of common wealth it's similar)
