Quote:
Originally Posted by HarryT
B&N do "own" the word in its association with ebooks. It's a trademark, and using it for a purpose that is connected with ebooks without the permission of B&N may very well constitute trademark infringement. Amazon go after anyone who has a domain name with the word "Kindle" in it with a very big stick (that's why the site formerly known as www.kindleboards.com is now simply www.kboards.com, for example). I suspect that Nate will be hearing from B&N's lawyers very shortly. |
Maybe not. The thing about Amazon is that they can use their affiliate program as a very effective stick. That's why a lot of Kindle related blogs and sites gave up their names. Amazon does have scary lawyers and money but that's not the same thing as a trademark infringement claim.
But that affiliate program is just about Amazon's only stick. They don't have a strong trademark argument against sites like Kindle Boards. They can't validly claim trademark infringement without also arguing consumer confusion, a commercial use of the term, etc. Admittedly, few trademark lawyers bother with evidence any more, but that doesn't mean it's okay.