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Offline 98octane

This is a very interesting thread.  Trademark infringement does depend on the context in which the mark is used - you probably won't infringe the Ferrari mark by selling fruit and veg under that name, but a car forum with that name may infringe.  There's also an issue of jurisdiction - what IP law applies to a dot.com address?  There's an issue about whether there's any commercial gain too - this goes to the question of what damages they can recover from you.

FWIW I don't think it's an infringement of copyright to be taking photos of Ferraris and posting these online since the relevant IP in a photo is the framing/creation/taking of the photo (i.e. art), not the subject/words/logos photographed.  The photographer is not claiming rights over the design/logo/name of the car in the photo, but the composition of the image.

Getting to the bottom of this question is one for the experts.  I've studied all this stuff in detail but that was years ago so I'd have to take a refresher, or ask one of the IP gurus here.



Offline AshSimmonds

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FWIW I don't think it's an infringement of copyright to be taking photos of Ferraris and posting these online since the relevant IP in a photo is the framing/creation/taking of the photo (i.e. art), not the subject/words/logos photographed.  The photographer is not claiming rights over the design/logo/name of the car in the photo, but the composition of the image.

I've had several photos forcibly removed from sale (on zazzle.com etc) by Ferrari and Lamborghini over the last few months under a copyright claim.  No damages sought, just removal of "offending" items - they weren't selling anyhoo so I just dropped it.



Offline AshSimmonds

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Offline uzz32soarer

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No, haven't heard anything further and I have not responded either.

Still wondering whether to respond or not. Actualy writing back might be giving them ammunition to hunt me down if I'm not really careful.



Offline Aircon

  • Master Baiter
  • Who said it couldn't be done?

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No, haven't heard anything further and I have not responded either.

Still wondering whether to respond or not. Actualy writing back might be giving them ammunition to hunt me down if I'm not really careful.

i passed on your details for you :)




Offline Iggy_Type_R


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http://www.domainstatute.com/domain-name-disputes/naf3/408128.html

http://domains.adrforum.com/domains/decisions/942715.htm


Case with these guys... if you don't use the domain name in "bad faith" ... this is confusing.

here is a case that was denied:
http://domains.adrforum.com/domains/decisions/98819.htm

here is one regarding www.ferrari.us http://domains.adrforum.com/domains/decisions/271108.htm

I THINK (not sure) that to lose the domain name you need to satisfy the 3 conditions:
1. Identical and/or Confusingly Similar (yes in this case)
2. Rights or Legitimate Interests (no - you have legitimate interest)
3. Registration and Use in Bad Faith (no, you are not trying to sell the domain name for a profit as a squatter)

Under their law, the Complainant has to prove 2 of the 3 above to win.

Hence, I would draft a letter saying somethign similar and send it back to them. If you want, I have a lawyer that could draft a "F*** off" letter really well for v. cheap :)



Offline Iggy_Type_R


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You can also go to http://domains.adrforum.com/decision.aspx and search under status of "Claim Denied" to see what goes on. Most of the domains that are transferred are no shows from the domain owner...



Offline Modeler


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No, haven't heard anything further and I have not responded either.

Still wondering whether to respond or not. Actualy writing back might be giving them ammunition to hunt me down if I'm not really careful.

Difficult choice indeed.
Not replying allows their assertion your site is for profit to pass unchallenged. Whether that could prove significant in the long term is beyond my reckoning.
What a pack of shysters.



Offline uzz32soarer

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  • How the moustache was invented.....go the growl!

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  • Location: Wantirna, VIC.
  • Name: Rob Hayden
Iggy,

Can you drop me an email with your contact details to rhayden@ferrariaustralia.com please.



Offline Iggy_Type_R


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