Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Peter Franke
Dan, this is not an occasion where it would be appropriate to directly answer your very specific issue in this very public forum. However, your problem is not only whether your competitor can register either of these words as a trade mark - it is whether users or customers are confused and going

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Daniel Purchas
Just to clarify, this isn't out primary site, its a secondary we picked up that originally had another site there so had some good hang over SEO wise. we just want to name it and brand it how we want without any hidden repercussions. the name ties in with our other brand nicely and the name we are

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Warren Seen
On 31/08/2010, at 2:16 PM, Clifford Heath wrote: > If you force it, you'll wind up asking a court to decide whether it's generic, > and I don't like your odds. Does it matter enough to you to pay court costs > and *still* have to rename? More to the point, why would you even want to defend a gen

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Clifford Heath
On 31/08/2010, at 2:07 PM, Daniel Purchas wrote: Ben: I did a bit of reading on trademarks and think these names are 'generic terms' Ben, I had an experience that makes me believe you might lose this one. There are hundreds of companies who successfully defend names as generic as your one. If

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Daniel Purchas
Hey guys cheers for the responses, Ben: I did a bit of reading on trademarks and think these names are 'generic terms' which generally aren't able to be trademarked and i'm pretty sure after looking up the trademarks database that Graduate Careers Australia don't have a trademark on their name at

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Bala Pillai
Dan, The issue would be "passing-off" more than trademark violation per se. Would people wrongly perceive that you are your competitor? And confuse your site, as being a site of your competitor's (especially if they have a strong offline presence, been in business for a while, etc) cheers../bal

Re: [SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread Ben Sand
On Tue, Aug 31, 2010 at 1:24 PM, purc...@gmail.com wrote: > Now I'm pretty much going to say, we can name our site > however we want and I'm fairly sure that you can't trademark terms > that are very generic as the ones are listed above You might be able to. Have you done a search at IPAustrali

[SiliconBeach] Naming Convention Dispute with Competitors

2010-08-30 Thread purc...@gmail.com
Hey guys, Just had this issue come up with a competitor organisation of ours and thought I would throw it out there in case someone has had a similar issue. We have recently bought a domain: www.gradcareers.com.au and have title the site 'GradCareers Australia' Our Competitors site is: www.gradu