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And lo on Wed, 12 Sep 2007 08:33:40 +0100, scott <sco### [at] laptop com> did
spake, saying:
> Say for instance I bought www.nokia.com long before Nokia realised they
> needed a website. Do they have any right to force me to give-up that
> domain name, just because they are a huge multi-national company, or is
> it just tough luck and they have to pay me whatever it will take?
>
> Would it make any difference if I ran a small company called 'Nokia
> Gizmos' or something that nobody had every heard of? Do they have more
> right to it than be just because they are a bigger well-known
> multi-national company?
You're heading into trademark land. Remember Apple, the two were
operating in different spheres hence no problem. With Gilles examples the
French courts should have told Kraft to bugger off, Milka Budmir wasn't
selling chocolate, wasn't profiting from the association and had a
legimate reason to use the name; Kraft's fault for not registering it
first. As for Mr Nissan the case could be made that as he was dealing with
cars as was Nissan it boils down to if Nissan existed as a car seller
prior to his enterprise and was well known in that fact, (which they
weren't) as for the other companies he set again a large sod off is in
order for the same reason as Milka.
--
Phil Cook
--
I once tried to be apathetic, but I just couldn't be bothered
http://flipc.blogspot.com
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