Thanks for weighing in. Since you were kind enough to respond, I figured that I should educate myself a little more before responding to you. I do know how busy you are and I appreciate your opinion on this matter. Not sure why I care so much as we are not talking about my blog - but - I just don’t want to leave this hanging. And I wanted to make sure that my gut and remembrances were correct.
After speaking with a fairly good patent attorney (my uncle) about this, I am still of the opinion that trademarks can be used in URL’s under certain instances. It does depend on the nature of the site who is using the trademark; and in particular, it all hinges on the term ‘bad faith’. Which is ultimately tied to how judges define ‘bad faith’. Of course, this is a battle best fought by attorneys in the courts. And I imagine that we will see many more along the trademark route.
But, my uncle did validate my initial argument it has been pretty clear in the case law that informational sites who have an interest in the trademark that is not a commercial one are not abusing the trademark.
He did verify that microsoft and other companies have pushed to get their names removed from URL’s, but the URL’s in questions were mainly commercial interests who were profiting from the use of the trademark.
Here is one example:
The Sixth Circuit (which covers Tennessee, Kentucky, Ohio and Michigan) held that a domain name holder’s use of another’s trademark in a ‘fan’ site did not run afoul of Section 1114 of the Lanham Act because of the presence of both a prominent disclaimer on the site disavowing any affiliation with mark owner, and a link to plaintiff’s official web site. The domain holder’s use of the trademarks in conjunction with the word “sucks” in the domain names of non-commercial complaint sites did not violate Section 1114 of the Lanham Act because there was no likelihood of consumer confusion arising from that type of use, and because such speech is protected by the First Amendment of the US Constitution. The Taubman Company v. Webfeats, et al., Nos. 01-2648/2725 (6th Cir., February 7, 2003).
So, I guess if Varien wanted to be really really pissy they could try to shut down an informational site using their Trademark in the URl. But then, if I were the owner I would just re-register it with the word ‘sucks’ added.
It’s all very grey; and while I personally, respect Varien’s request for people not to use the name in their URL’s, I also respect other people’s right to free speech. And if I were publishing a blog on Magento that I intended for people to read, then it would make sense to use Magento in the domain. I mean, it is a blog about Magento.
Christ, I don’t even know why I am defending it - other than out of some crazy need to argue. I cannot believe I called my uncle about this. You know what, forget it, neither you nor I have time for this.
I love your product, thank you for releasing it, sorry for being such a pain. I was a philosophy major, the argumentative nature sticks. As does the need to be right - all of the time.
I wish you all the best.
What are you talking about. I did not ‘announce’ this blog. I did have multiple posts with questions about using jCarousel and making a product list. Trying to find an answer to that question is how I found it. And, after solving my problem, I did place a closing post on those topics mentioning where the solve is. How is that ‘announcing’ anything. And I am certainly not the first or last person who is complaining about the lack of an API. In point of fact, I know many multi-office development firms have put off seriously integrating it into their practices because of this lack. It is a big big issue for some people.
Christ, do I know you? Do you have some sort of issue with me? Are you someone I have pissed off in the past? It is likely, I have a habit of pissing people off, it is my strong suit. I must have done something for you to take the time to catalogue all of my posts (it appears you did that - although you misrepresented them). But really, whatever I did that has gotten you worked up enough to argue with every single post I make - I’m sorry.
Can we please move on? Do we really want for this topic to be a ‘hot one’?