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| | | Author: | bagelboybugle  | | Posted: | Jan 13, 2011 07:52 | | Subject: | suggest. disallow all TMs from store names | | Viewed: | 352 times | | Topic: | Suggestions | | Status: | Open | | Vote: | [Yes|No] | |
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| Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
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| | | | | Author: | aftepes | | Posted: | Jan 13, 2011 07:54 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 72 times | | Topic: | Suggestions | |
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| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
With the increasing amount of professional sellers here, it stands to reason
that some may go so far as to trademark their names ad want to use these names
as their store names. Why should BL ban the use of such trademarks?
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| | | | | | | Author: | bagelboybugle | | Posted: | Jan 13, 2011 07:57 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 66 times | | Topic: | Suggestions | |
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| In Suggestions, aftepes writes:
| | In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
With the increasing amount of professional sellers here, it stands to reason
that some may go so far as to trademark their names ad want to use these names
as their store names. Why should BL ban the use of such trademarks?
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very good point
`trademarks not owned by the seller` would be an appropriate adjustment to take
that into account thus allowing sellers to use trademarks that they themselves
own
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| | | | | Author: | bagelboybugle | | Posted: | Jan 13, 2011 07:54 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 63 times | | Topic: | Suggestions | |
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| In Suggestions, bagelboybugle writes:
| | Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
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I mean 11 
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| | | | | Author: | snurrsnurr | | Posted: | Jan 13, 2011 08:05 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 77 times | | Topic: | Suggestions | |
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| Hi,
"LEGO" is written all over the bricklink front page and you can also find it
in the bricklink logo. Is this different?
best regards
Jens
In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
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| | | | | | | Author: | bagelboybugle | | Posted: | Jan 13, 2011 08:08 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 78 times | | Topic: | Suggestions | |
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| In Suggestions, snurrsnurr writes:
| | Hi,
"LEGO" is written all over the bricklink front page and you can also find it
in the bricklink logo. Is this different?
best regards
Jens
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no idea
my point is simply that if LEGO cannot be used in store names, then other trademarks
(except those that a seller has the right to use such as his/her own) should
also be disallowed in store names.
G
| |
In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
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| | | | | | | Author: | ash_274 | | Posted: | Jan 13, 2011 08:19 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 58 times | | Topic: | Suggestions | |
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| In Suggestions, snurrsnurr writes:
| | Hi,
"LEGO" is written all over the bricklink front page and you can also find it
in the bricklink logo. Is this different?
best regards
Jens
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Yes, because this site and LEGO have come to an agreement about that. Part of
the agreement was that individual stores (who have not made seperate agreements
with LEGO) would not be allowed to use "Lego" in their store name as to not be
confused that they are any way representitive of LEGO, the company.
-Ash
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| | | | | | | | | Author: | snurrsnurr | | Posted: | Jan 13, 2011 08:42 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 62 times | | Topic: | Suggestions | |
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| In Suggestions, ash_274 writes:
| | In Suggestions, snurrsnurr writes:
| | Hi,
"LEGO" is written all over the bricklink front page and you can also find it
in the bricklink logo. Is this different?
best regards
Jens
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Yes, because this site and LEGO have come to an agreement about that. Part of
the agreement was that individual stores (who have not made seperate agreements
with LEGO) would not be allowed to use "Lego" in their store name as to not be
confused that they are any way representitive of LEGO, the company.
-Ash
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Aha. Didn't know that.
best regards
Jens
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| | | | | Author: | Rob_and_Shelagh | | Posted: | Jan 13, 2011 08:19 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 72 times | | Topic: | Suggestions | |
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| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
Yes, if we can't have "LEGO" in the store name it seems daft that "MEGABLOKS"
would be allowed
Most (but not all) members here can interpret the ToS in a "common sence" way
but there will always be a few that claim if is not spelled out exactly as they
see it then they can do what they like. The section that says all local laws
must be obeyed to be a seller here should cover all this stuff (i.e. infringement
of trademarks). If I opened a village shop and called it "Tesco" I don't think
I'd last very long, the internet is no different and BrickLink does not need
legal representatives of organisations like that giving it a hard time.
Robert
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| | | | | Author: | ash_274 | | Posted: | Jan 13, 2011 08:22 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 74 times | | Topic: | Suggestions | |
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| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
Darn. I was going to change my store name to, "Ash's Mickey Mouse and Coca-Cola
bricks" 
-Ash
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| | | | | Author: | DiscJet | | Posted: | Jan 13, 2011 08:41 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 57 times | | Topic: | Suggestions | |
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| Would that suggestion mean disallowing all users from using all words that are
trademark words in any country?
Generally, yes of course one must not use other ppl's trademarks in a misleading
way.
I just feel this goes to the same category as the customs fraud prevention in
the sense that it is already covered by having to obey local laws and regulations
and starting to list all possible ways to violate them just ends up complicating
the TOS as a whole.
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| | | | | Author: | LEGOMASTER | | Posted: | Jan 13, 2011 09:15 | | Subject: | (Cancelled) | | Viewed: | 40 times | | Topic: | Suggestions | |
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| | (Cancelled) |
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| | | | | Author: | LEGOMASTER | | Posted: | Jan 13, 2011 09:20 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 71 times | | Topic: | Suggestions | |
|
| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
I vote 'NO'.
United Artists (Movie company)
United Airlines (Airline company)
United Moving Vans (Moving company)
United (Bricklink store) ... I think.
Apple, Inc
Apple Music
Apple Bricks .... would be fine.
There are towns, cities and other companies and using 'Apple', 'United', but
are in different business or different places. Another example anyone can start
a company can create 'BrickLink Rent A car' or BrickLink Airlines' or 'Bricklink
Software'. Because the companies don't share the same line of business.
There is no need to list every town, private and public company here or there
as in
USA, Europe, Asia. As someone already mention ... it is pretty much 'common
sense' people understand the difference.
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| | | | | | | Author: | dreambuilder71 | | Posted: | Jan 13, 2011 09:32 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 65 times | | Topic: | Suggestions | |
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| In Suggestions, LEGOMASTER writes:
| | In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
I vote 'NO'.
United Artists (Movie company)
United Airlines (Airline company)
United Moving Vans (Moving company)
United (Bricklink store) ... I think.
Apple, Inc
Apple Music
Apple Bricks .... would be fine.
There are towns, cities and other companies and using 'Apple', 'United', but
are in different business or different places. Another example anyone can start
a company can create 'BrickLink Rent A car' or BrickLink Airlines' or 'Bricklink
Software'. Because the companies don't share the same line of business.
There is no need to list every town, private and public company here or there
as in
USA, Europe, Asia. As someone already mention ... it is pretty much 'common
sense' people understand the difference.
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I agree with LEGOMASTER. It's a good idea just to be sure we arn't stealing
someone's trade marked name, but some things are common sense when it comes to
things like the word Apple or United words like that.
I was talking with a LEGO customer service person about an order and somehow
the conversation got on Bricklink and names being used for stores here. She
said that we arn't allowed to have the word LEGO in our store names, which most
people already know about, but she did say that our USERNAMES are OK to have
the word LEGO in it. (So far.)
So members user names like LEGOMASTER, Legoman or TorontoLego are allowed to
have that name for a member.
Hopefully TLG doesn't become corporate bullies and try and make people change
those names as well.
IMHO
Peace,
James
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| | | | | | | Author: | akunthita | | Posted: | Jan 13, 2011 09:58 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 64 times | | Topic: | Suggestions | |
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| Actually, it is not just common sense, it is the accepted law as far as I know.
I have taken a class on trademarking, and I clearly remember this. So, yes, Apple
Bricks would be totally fine.
Also, I remember from class that if a company only operates and do business in
one state, then an other company in an other state can name their business the
same as long as they are also operated only in their own state.
For example there could be a business called Michael's Drycleaning Service in
Arizona, and someone else can also call their drycleaning service the same name
in Florida.
I'm sure Foster will chime on this topic with much more info. 
In Suggestions, LEGOMASTER writes:
| | In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
I vote 'NO'.
United Artists (Movie company)
United Airlines (Airline company)
United Moving Vans (Moving company)
United (Bricklink store) ... I think.
Apple, Inc
Apple Music
Apple Bricks .... would be fine.
There are towns, cities and other companies and using 'Apple', 'United', but
are in different business or different places. Another example anyone can start
a company can create 'BrickLink Rent A car' or BrickLink Airlines' or 'Bricklink
Software'. Because the companies don't share the same line of business.
There is no need to list every town, private and public company here or there
as in
USA, Europe, Asia. As someone already mention ... it is pretty much 'common
sense' people understand the difference.
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| | | | | | | | | Author: | Brettj666 | | Posted: | Jan 13, 2011 10:08 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 49 times | | Topic: | Suggestions | |
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| In Suggestions, akunthita writes:
| | Actually, it is not just common sense, it is the accepted law as far as I know.
I have taken a class on trademarking, and I clearly remember this. So, yes, Apple
Bricks would be totally fine.
Also, I remember from class that if a company only operates and do business in
one state, then an other company in an other state can name their business the
same as long as they are also operated only in their own state.
For example there could be a business called Michael's Drycleaning Service in
Arizona, and someone else can also call their drycleaning service the same name
in Florida.
I'm sure Foster will chime on this topic with much more info.
In Suggestions, LEGOMASTER writes:
| | In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
I vote 'NO'.
United Artists (Movie company)
United Airlines (Airline company)
United Moving Vans (Moving company)
United (Bricklink store) ... I think.
Apple, Inc
Apple Music
Apple Bricks .... would be fine.
There are towns, cities and other companies and using 'Apple', 'United', but
are in different business or different places. Another example anyone can start
a company can create 'BrickLink Rent A car' or BrickLink Airlines' or 'Bricklink
Software'. Because the companies don't share the same line of business.
There is no need to list every town, private and public company here or there
as in
USA, Europe, Asia. As someone already mention ... it is pretty much 'common
sense' people understand the difference.
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Case in point.
There was an Alberta Restaurant that named themselves "Burger King" and registered
themselves as such.
Years later, the multinational chain came to Canada and wanted to set up shop
everywhere, but they couldn't in Alberta, that name was already taken.
I believe they tried to buy the name off the registered owners, but it obviously
wasn't a good enough deal because they had to wait for either the business to
fold, expire or accept the offer.
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| | | | | | | | | Author: | LEGOMASTER | | Posted: | Jan 13, 2011 10:18 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 41 times | | Topic: | Suggestions | |
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| In Suggestions, akunthita writes:
| | Actually, it is not just common sense, it is the accepted law as far as I know.
I have taken a class on trademarking, and I clearly remember this. So, yes, Apple
Bricks would be totally fine.
Also, I remember from class that if a company only operates and do business in
one state, then an other company in an other state can name their business the
same as long as they are also operated only in their own state.
For example there could be a business called Michael's Drycleaning Service in
Arizona, and someone else can also call their drycleaning service the same name
in Florida.
I'm sure Foster will chime on this topic with much more info.
|
You are correct it is not just common sense.
I am sure Foster will have something to say.  (sitting here on the sidelines)
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| | | | | | | | | Author: | bagelboybugle | | Posted: | Jan 13, 2011 10:40 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 75 times | | Topic: | Suggestions | |
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| In Suggestions, akunthita writes:
| | Actually, it is not just common sense, it is the accepted law as far as I know.
I have taken a class on trademarking, and I clearly remember this. So, yes, Apple
Bricks would be totally fine.
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But just plain old `apple` could potentially upset apple
| | Also, I remember from class that if a company only operates and do business in
one state, then an other company in an other state can name their business the
same as long as they are also operated only in their own state.
For example there could be a business called Michael's Drycleaning Service in
Arizona, and someone else can also call their drycleaning service the same name
in Florida.
|
Very much so, I think you could localise that arguement further to say that if
you are called Ken and you open a florist shop you can call it Ken's flowers
regardless of how many Ken's there are in town that own a florist shop called
Ken's flowers, obviously, that would be a stupid thing to do because then a different
Ken might benefit from one Ken's advertising.
| | I'm sure Foster will chime on this topic with much more info.
| | United Artists (Movie company)
United Airlines (Airline company)
United Moving Vans (Moving company)
United (Bricklink store) ... I think.
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`United bricks` would be fine (as long as the logo didnt copy a trademark where
the word united is presented in a specific way) but `united airlines bricks`
might be seen as a deliberate attempt to benefit from the goodwill of a major
brand.
| | | | There is no need to list every town, private and public company here or there
as in
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no ones suggesting that.
| | | | USA, Europe, Asia. As someone already mention ... it is pretty much 'common
sense' people understand the difference.
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some dont, which is why I brought it up.
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| | | | | Author: | TorontoLego | | Posted: | Jan 13, 2011 10:00 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 61 times | | Topic: | Suggestions | |
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| Sure sounds great -- as soon as we get rid of all the Custom items that infringe
on copyright holders...
The reason LEGO is not allowed is because TLG asked BL to enforce that rule.
I think that if TM holders are going to be concerned about anything at BL, an
individual store name would be the least of their concerns.
BL is full of copyright and TM infringements -- just do a search for custom items
with the word Batman, Star Trek, or many others.
Consider this: -- and these are using the TM in relation to the actual brand...
http://www.bricklink.com/memberList.asp?memberUsername=star+wars&searchLike=SL
Also, policing this would be very difficult.
Mike.
Toronto(tm) Bricks
In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
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| | | | | Author: | Brettj666 | | Posted: | Jan 13, 2011 10:10 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 56 times | | Topic: | Suggestions | |
|
| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
As such I suggest that section 15 of the TOS should be updated accordingly to
forbid the use of any trademark in store names.
Although this should in theory be covered by common sense and section 12 of the
TOS it is increasingly clear that it isnt entirely obvious.
thanks for considering
Gareth
|
I'm thinking if Lego actually cared that much, they'd let BrinkLink know.
I agree, I think as long as your store name isn't just "Lego", adding other words
make a distinctive word. So I voted no.
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| | | | | Author: | FigBits | | Posted: | Jan 13, 2011 21:02 | | Subject: | Re: suggest. disallow all TMs from store names | | Viewed: | 63 times | | Topic: | Suggestions | |
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| In Suggestions, bagelboybugle writes:
| | Admin
It stands to reason that if sellers cannot use the word `LEGO` in their store
name, then other trademarks should be forbidden too.
|
BrickLink's rule on the matter is based on The LEGO Group's rules:
http://aboutus.lego.com/en-us/corporate/fairplay.aspx
They are pretty specific about making sure that the use of the word "LEGO" doesn't
cause confusion about who actually runs the site.
They are not as specific about their other trademarks (Bionicle, Duplo, Mindstorms).
TLG is very familiar with BrickLink, and if they decided that no store should
have any of those words in their name, it would be a simple matter for them to
request it of BrickLink.
By the way: I am not an Intellectual Property Lawyer, so nothing that I say here
should be construed as legal advice.
Trademark enforcement is the responsibility of the trademark owner. If TLG doesn't
want me to include "bionicles" in my store name, they just need to let me know.
--
Marc.
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United Kingdom, England
USA, Maryland
Sweden, Östergötland
Finland, Pohjois-Pohjanmaa
Canada, Ontario
