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	<title>Comments on: Should You Get a Domain Name With a Trademark In It?</title>
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		<title>By: leanne</title>
		<link>http://activeblogging.com/info/should-you-get-a-domain-name-with-a-trademark-in-it/comment-page-1/#comment-58</link>
		<dc:creator>leanne</dc:creator>
		<pubDate>Wed, 02 Apr 2008 10:42:31 +0000</pubDate>
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		<description>Dave, I think I am qualified to comment on this one because I am a lawyer!   

The point is that we are paid to  protect our client&#039;s interests and if that means enforcing their legal rights so be it.   You would probably be surprised at how many times these rights are not enforced because the client takes a commercial/economic approach.   However, there are some big name corporates that will enforce no matter how minor.

Remember, we don&#039;t make the law (if only!) and we cannot (unfortunately) tell our clients want to do - we can only advise our client of its rights within the law and how to protect those rights and enforce their rights if they have been infringed.    

Taking someone elses brand is against the law for a pretty simple reason - a brand/domain etc has goodwill attached to it just like any worthwhile business.    When you use that name or part of it without consent you are stealing business from someone who has spent time building that name.  Not only that, it can appear to the average visitor that the content is endorsed by the brand name - which may be the wrong impression that the brand wants to project.    

There are lots more reasons but these are the main ones.   The best thing to do rather than cybersquatting on someone elses hard work is to create something yourself.

Leanne</description>
		<content:encoded><![CDATA[<p>Dave, I think I am qualified to comment on this one because I am a lawyer!   </p>
<p>The point is that we are paid to  protect our client&#8217;s interests and if that means enforcing their legal rights so be it.   You would probably be surprised at how many times these rights are not enforced because the client takes a commercial/economic approach.   However, there are some big name corporates that will enforce no matter how minor.</p>
<p>Remember, we don&#8217;t make the law (if only!) and we cannot (unfortunately) tell our clients want to do &#8211; we can only advise our client of its rights within the law and how to protect those rights and enforce their rights if they have been infringed.    </p>
<p>Taking someone elses brand is against the law for a pretty simple reason &#8211; a brand/domain etc has goodwill attached to it just like any worthwhile business.    When you use that name or part of it without consent you are stealing business from someone who has spent time building that name.  Not only that, it can appear to the average visitor that the content is endorsed by the brand name &#8211; which may be the wrong impression that the brand wants to project.    </p>
<p>There are lots more reasons but these are the main ones.   The best thing to do rather than cybersquatting on someone elses hard work is to create something yourself.</p>
<p>Leanne</p>
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