how bout an etoy countersuit? one day, i was looking for
etoy's site, and i accidentally typed in an "S." some
cheesy toy-retailing site came up, and i thought etoy
had lost their minds and gone into the toy-selling business.
i was about to sell all my etoy.shares in disgust when
i realized my typo. this kind of consumer confusion could have
cost etoy all sorts of business and created customer ill will.
since etoy was using the name first, etoys is clearly infringing on and
diluting etoys' mark.
according to etoys' web page, they have also trademarked the
sentence fragment, "Where great ideas come to you." (tm)
hmmm.
On Thu, 2 Dec 1999, Steev Hise wrote:
>
> ONE SINGLE ("F*CKING FLASH PLUGIN") displayed for a few
> weeks on the etoy site was judged sufficient to shoot
> down the etoy.DOMAIN because - according to eToys Inc. -
> it disturbs the eToys business and confuses customers
> about the eToys trademark.
>
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