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Old 09-24-2010, 07:38 PM   #1
Andrew Kaufman
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Kindle Name Can't be used

I feel bad for all those people who use the word "Kindle" in their website. After all, isn't it just more advertising for Amazon?

http://www.kindleminds.net/2010/09/2...r-just-go-away

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Old 09-24-2010, 07:42 PM   #2
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Oops. There goes KindleBoards.....
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Old 09-24-2010, 07:52 PM   #3
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Old 09-24-2010, 07:54 PM   #4
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Oops. There goes KindleBoards.....
Maybe KindleBoards is a forum about setting things on fire... and PyroBoards was not avalable
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Old 09-24-2010, 07:57 PM   #5
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LOL. There you go. Really, though, kindle was a word before they decided to use it. I don't see how they can stake claim to it as their own. It's not like they made it up themselves.

Last edited by Andrew Kaufman; 09-24-2010 at 08:12 PM.
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Old 09-24-2010, 08:02 PM   #6
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LOL. There you go. Really, though, kindle was a word before they decided to use it. I don't see how they can stake claim to it as their own. It's not like the made it up themselves.
I just sent this to Endgadet
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Old 09-24-2010, 08:05 PM   #7
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This is nothing but a corporate bullying tactic.
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Old 09-24-2010, 08:22 PM   #8
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LOL. There you go. Really, though, kindle was a word before they decided to use it. I don't see how they can stake claim to it as their own. It's not like they made it up themselves.
Yeah, but you can trademark real words as part of a brand name in a specific context. In this case Kindle as a name of an e-reader.

And that's exactly how it's being used. It's not like they are going after something named "Kindle" that was totally different (like that day care play for children, Kindle-Care*)

That said, it's never a good idea to go after fan sites. Most companies don't care (for good reason).


* I know, it's different but I couldn't think of anything else.
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Old 09-25-2010, 12:21 AM   #9
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But this isn't about free speech or trademarks, in which case, I'd be all for David standing up to Goliath. Rather, this is about the associate agreement contract between Az and the guy at KindleMinds. As an associate, he agreed (perhaps without reading the fine print) not to have a website with the word Kindle in it, so as he points out himself, he can either stop being an associate or stop using that site name.

As KindleMinds points out, of course, Az is biting the hand that feeds them, but I suppose they're more concerned about misrepresentation than whatever amount of sales they get from his site. This is surely a policy they will selectively enforce...

--Maria
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Old 09-25-2010, 12:37 AM   #10
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Well they signed an agreement so thats binding. He can drop the links or drop the name. That bit about Amazon buying the domain name is disturbing because they are saying they would buy it and the person agrees to NEVER use kindle in the name for any other site, ever for any other purpose.

I see it more as Amazon trying to hide it better that they pay people to run websites to sell and "review" Kindle that pretend to not have an affiliation with Amazon at all.
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Old 09-25-2010, 01:57 AM   #11
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Well they signed an agreement so thats binding. He can drop the links or drop the name. That bit about Amazon buying the domain name is disturbing because they are saying they would buy it and the person agrees to NEVER use kindle in the name for any other site, ever for any other purpose.

I see it more as Amazon trying to hide it better that they pay people to run websites to sell and "review" Kindle that pretend to not have an affiliation with Amazon at all.
ahhhh man, you know better than that. And agreement is only as good as the willingness of both parties to abide by the terms of the agreement. Learned that early on as a consultant...sure you can sue but it never works out well in the end.

Still, I feel if you make the agreement then you need to live by it as along as it's fair to both sides...and here in the US it does have to be fair all parties must get a reasonable benefit from the terms for the agreement to be vaild.

BTW, I think you could be right about the Amazon wanting the "independent" afilliate with all positive all the time content...it's all about the brand dillution crap.
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Old 09-25-2010, 02:57 AM   #12
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LOL. There you go. Really, though, kindle was a word before they decided to use it. I don't see how they can stake claim to it as their own. It's not like they made it up themselves.
It's a registered trademark, which means that it can't be used when referring to the Kindle reader, without Amazon's permission. This is entirely normal - Amazon HAVE to protect their trademark or they risk losing it.
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Old 09-25-2010, 08:32 AM   #13
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I don't know if they could prevent him from owning any site that has the name Kindle in it. Surely he could register www.kindlesucks.com if he wanted to and claim freedom of speech. There is no way that website would be assumed to be endorsed by Amazon.

Or maybe he could do like BlogKindle.com and stick an "Unofficial" label in the banner of his website.

Personally I like the Kindle and Amazon's pricing of ebooks, when that damned "Agency Model" isn't involved. But I prefer the touchscreen on my new Sony and its support for the epub format.

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Old 09-25-2010, 09:50 AM   #14
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This is all pretty normal. I also suspect that these type of trademark issues are far narrower than most people assume.

For example, Facebook is currently pressing a website called "Teachbook" to change its name (or at least its suffix). However, it looks like Facebook is not (and most likely cannot) control the use of "-book" as a universal suffix; e.g. if I make a site called "readbook.com" that is dedicated to literacy, Facebook has no case. Teachbook has an issue because it is, at least in part, a social networking site for teachers; there isn't much reason to doubt the name was derived from Facebook.

As to protest websites, as far as I know you often can get away with appending "-sucks" to a website. However, you may well face a lawsuit if you append "sucks" in a commercial context, e.g. using "dyson-sucks.com" to try and sell 3rd party goods for Dyson Vacuums.
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Old 09-25-2010, 09:55 AM   #15
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As to protest websites, as far as I know you often can get away with appending "-sucks" to a website. However, you may well face a lawsuit if you append "sucks" in a commercial context, e.g. using "dyson-sucks.com" to try and sell 3rd party goods for Dyson Vacuums.
That is, of course, a uniquely American term of insult. Here in the UK, for many years Dyson used the slogan "Nothing sucks like a Dyson".
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