Trading Post taking action against my forum

[Shitbreak]

lol

[TJ]

just read this

1 - fuck telstra - shares dropping value every second, shit service, and they spending time and money on shit like this? pfffft

2- lol at some of the replies!

[GAZ914]

Seems the word "Trading" is OK, as there are plenty of "XXX Trading" type names registered.

The word "Post" would be tied up by Australia Post as well, so it can't be that.

Obviously it is just the words "Trading Post" together that cause an issue.

Best option therefore is "TwinCam Trading Post" as far as I can see.

Maybe we should all chip in and register the name "Forum Trading Post" and let everyone use it :D

cheers
Gaz

[Mike V]

We get stuff like this regularly at work.

The last one was Canon complaining that someone was going to confuse a "Primo" cine lens with a crappy point and shoot "Prima" digital camera.

We employ someone full time to translate "Go F%#k yourself" into legal jargon for just such occasions.

[Bulgogi]

"Twincam.org's Wonderful Post Of Trading"? :p

[C0V3R]

Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post Trading Post

... err sorry I was rambling. Please dont sue me.

[BevanChick]

unless you get an actual court order in the mail or a geserved a copy of a writ lodged in the supreme court of the state you live in - ignore it.

Don't do this, as you will end up having to pay their court costs.

[c3p3r]

What about all of the little 'Trading Posts' that you get in a lot of country towns? Basically an Antique or Second-Hand store many of which obviously have been around for decades?

If you are up with trademark rulings, you will find that Virgin also takes a similar path to Telstra/Sensis with this, even before they were trading here and even today any company or business name with the word 'Virgin' in it cops mail and threats relating to the 'supposed' copyright infringment.

Paul.

[Swifty GTi]

Reckon Today Tonight will cover it? lol

they covered a story where Virgin (Richard Branson etc etc) went around telling other Virgins (Virgin Dry Cleaning etc etc) to change their name (same as mentioned above post).

So there's a good chance they will cover it unless they are full with stories such as..


shonky builders
bad landlords / tenants
new pill for weight loss
skids (boostlosing.com)


etc etc

[rowdytoot]

Based on my very limited understanding of trademark law (basically from researching around as my g/f business has a trademarked logo which looked like it may have been infringed by a clothing manufacturer- we were just curious basically - and the answer was no- because the class her'swas trademarked in is different to their product- hence no possible case)

Essentially it would come down to this- Is you product or service in the same 'class' as the trademarked IP- in this case yes, you're offering a for sale adverisement service online which is what they do.

Could there be confusion for consumers as to which is which because the names/logo is similar - yes.. it's identical.. technically. variations like Bobs Trading Post won't get you out of it.

Are you trading off their 'good name' so to speak.... probably not, but you could be....

Do you have a leg to stand on probably not... we all know its not worth the hassle and $$ for you to fight it, so just change it

other forums have received the same notification and just done the sensible thing.. changed it and forgotten about it.

Given that it was registered in 1997 in lower case, and in upper 1999 they have it all over you I'd say- oh and I'd guess that was pre the Sensis/Hellstra takeover too.

The other thing with rego'ing a trademark is that it goes up for examination and there is a period where anyone can protest if they have something trademarked which they beleive the new applicant is infringeing, or is in common use and there would be ruling made as to whether it's allowed. Basically if you tried to register "BillyBobs Trading Post" I'd bet that the legal eagles would be all over it and it'd get dumped -even if IPAustralia let it through in the 1st place.

It's not gospel but it's basically what little I know from being involved in registering 3 or 4 trademarks...

HTH!

Rowds

[BevanChick]

It's sensible posts like yours that just ruin these forums rowdy.

:D

(It's no wonder I like some of the old school PFers so much)

[GT R31]

Seriously......... why do I still own shares in telstra???

[buzz]

I would have queried IP Australia as to how they could trademark such a generic and historical expression. This should tease out the ins-outs of just what the trademarking does, and whether it really applies to your specific situation.

If you are farked then scour the telstra website and annual reports then copyright/trademark random expressions that are repeated and hit them up for a bill in a couple of years.

[aus9000T16]

I'm sure that Aussiefrogs had to change the name of their for sale section for a similar reason. Cal will be able to confirm this.

Bloody ridiculous if you ask me. :knock:

I can confirm that...they went all ape over us using 'trading post' as the name for our non-french for sale section, bloody wallies...as if a small forum would take away any business form them.
This all happened last year if I recall, they must be doing the rounds hey?? Who will be next?

[bugle]

Probably just upset everyone is using Ebay and forums to sell shit these days rather than their stupid trading post with that crap sensis search engine.