FACULTYTALK Archives

April 2006

FACULTYTALK@LISTSERV.MIAMIOH.EDU

Options: Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Lee Burgunder <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Fri, 14 Apr 2006 00:15:45 +0000
Content-Type:
text/plain
Parts/Attachments:
text/plain (6 lines)
Cute name.  I agree with John Allison that you likely would not offend the federal antidilution laws as long as you keep the site strictly noncommercial.  You probably would be OK under most state antidilution laws as well.  I guess I might approach this with thinking about the worst-case scenario.  I don't believe you will run afoul of the Anticybersquatting act, which does carry some significant statutory damages, because you don't seem to have a bad faith intent to profit from the Maxwell House mark. Your motivations are slightly suspicious, since you didn't pick something like Maxwellslife, but I still don't think what you are doing rises to bad faith under the circumstances. For obvious reasons, don't try to sell the domain name. Thus, the worst thing that could happen is that you get a phone call from Maxwell House counsel asking you to relinquish your domain name.  If you really care to fight it, then I think you would ultimately win in a uniform dispute resolution proceeding or in court.  The latter, though, I am certain is not worth the fight, unless you want to make some mark in the history of trademark battles.  So, as long as you are willing to be Maxwellspad, or even Maxwellswell, then I don't think I would be too worried.

If anyone thinks greater dangers lurk from this domain name, I certainly would be interested.

Lee 

ATOM RSS1 RSS2