16 May '11, 6pm

Mrs Jello Gets a Win for Geo Domain Owners: Domainer wins case over geographic domain name brought by petroleum

The incorporation of the name “Ipiranga” into the trademark of what is now a large oil company might be compared with other examples such as Sudan Petroleum Company; British Petroleum (BP); Gulf Oil International; Royal Dutch Shell; China National Petroleum Corporation; and Saudi Aramco. It is recognised, for the Complainant, that the location “Ipiranga” may now have a diminished meaning as a source of the Complainant’s products or activities. Nevertheless, it is unlikely in the context that a company name could grant exclusive rights to a geographical term such as Sudan, British, Dutch etc., or to a common dictionary word such as “shell” or “petroleum” unless used in a trademark sense in conflict with the trademark holder. Not even the use of a geographical descriptor standing alone, such as the one-time marketing of the brand “British” standing alone by British Airways, ...

Full article: http://domainnamewire.com/2011/05/16/mrs-jello-gets-a-win...

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