Originally Posted by cp6169
How can anyone expect to challenge on the use of "another companies" Trademarked name (Blackberry) when here at BBF you already use the word Blackberry in the legally registered domain name. There is no requirement to register sub domains anywhere in the world as it's clear they are sub-areas of a main site.
Blackberry the registered Trademark of RIM is used here because it describes the content and layout of the other site. However, try registering BlackBerryforums for a Trademark...
Your comments are very insightful and show your intelligence.
Intellectual property is a very complicated area of law. Major cases on domain name and theft started popping up in the late 90's as the Internet grew.
One line of cases that came out was the unlawful ripping off of another's domain name so to capitalize or benefit from such.
While trademark and copyright law may arise in litigation and criminal prosecution, cases have applied the full range of common law tort theories to prosecutions. [I will spare naming the causes of action].
IMHO one way to prevail on such claims is to prove that the domain name, such as PinStack's, creates confusion and/or misdirects users to PinStack when they meant or wanted to go to BBF.
IMHO such misdirection affects BBF and has caused it damage in terms of advertising revenue, etc. [Mainly because advertisers want to know where the domains show up in Google].
The only reason I know about this stuff is because over the past 10 years major competitors in my business have attempted to manipulate their position on Google so to kick me off from my place on Google [#1] and to also diminish my page rank .
I have had to send these companies letters telling them to immediately delete all meta tags, etc. or I would get a TRO, injunction and sue for damages. Each time the violators complied and went away with their tails between their legs.
My point is that all this domain and Net "stuff" deals with more than copyright and trademark law. Fortunately, the law has caught up with those who machinate to take advantage of others via Net trickery [e.g., with meta tag manipulation, redirects, misdirects, consumer confusion].
And IMHO one cannot proclaim an innocent intent when registering a domain name that includes the name of another well-established web site. I can assure you that if someone took my domain name, placed it in the first part of their domain name, well... I'd have them in Fed Court instantly as if by magic.