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Old 09-25-2010, 10:13 AM   #16
etienne66
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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".
Your right. It is a double entendre in American English and most advertisers in this instance would probably avoid saying it even on a vacuum cleaner here. Makes me wonder what a British protest site would add as a suffix or prefix. Perhaps "bloodykindle.co.uk"

Unless he's selling something on kindleminds.net, I wouldn't think Amazon would have much of a trademark infringement case as long as the site is marked as "Unofficial."

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Old 09-25-2010, 10:48 AM   #17
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Not being neither UK'ian nor US'ian but through the British and American books/texts/readings I've read, I've come to the conclusion that appending -bollocks in British would probably be an insult.
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Old 09-25-2010, 10:51 AM   #18
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Not being neither UK'ian nor US'ian but through the British and American books/texts/readings I've read, I've come to the conclusion that appending -bollocks in British would probably be an insult.
That would be a reasonable assumption to make .
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Old 09-25-2010, 10:53 AM   #19
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Not being neither UK'ian nor US'ian but through the British and American books/texts/readings I've read, I've come to the conclusion that appending -bollocks in British would probably be an insult.
Or "pants." But starting a site called "kindlepants.com" would likely draw too much traffic from people looking for loose trousers with an especially large pocket.
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Old 09-25-2010, 10:56 AM   #20
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Or "pants."
Only the younger generation would understand that one .
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Old 09-25-2010, 10:57 AM   #21
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I'm reminded of an old 60 Minutes episode - on a similar issue. McDonalds (the fast food chain) was suing McDonalds (a Scottish family that marketed Scotch whiskey under the brand name McDonalds) - demanding they cease & desist using the name McDonalds - not only b/c it was the SAME brand name, but they claimed it associated drinking alcoholic beverages with their "wholesome" products.
Don't remember who won.
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Old 09-25-2010, 10:59 AM   #22
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I'm reminded of an old 60 Minutes episode - on a similar issue. McDonalds (the fast food chain) was suing McDonalds (a Scottish family that marketed Scotch whiskey under the brand name McDonalds) - demanding they cease & desist using the name McDonalds - not only b/c it was the SAME brand name, but they claimed it associated drinking alcoholic beverages with their "wholesome" products.
Don't remember who won.
The family firm won; I remember the case well.
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Old 09-25-2010, 11:33 AM   #23
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Unless he's selling something on kindleminds.net, I wouldn't think Amazon would have much of a trademark infringement case as long as the site is marked as "Unofficial."

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well he is actually. he's an Amazon "affiliate" which means his site is peppered with links to purchase the kindle from amazon , often in very positive "reviews" of kindle or kindle accessories or books etc. when someone clicks the links the website owner gets paid.

there are quite a few sites like this. the sites normally have some innocuous title like "ereader-reviews.com" but when you look close the actually only review kindles. a few have branched out and added a review or comparison of say Sony or Nook and amazingly the Kindle will always fair better in these comparisons.

The sites never mention that they are paid in anyway by Amazon because its part of their Agreement. They are supposed to look independent while shilling for Amazon. Kindleminds breached the agreement by having named the site with Kindle in it.
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Old 09-25-2010, 11:33 AM   #24
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But isn't the problem just because the website affected is an affiliate (And he agreed to certain conditions as an affiliate). He can get rid of all his affiliate links and then keep the name.
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Old 09-25-2010, 11:35 AM   #25
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I don't know if they could prevent him from owning any site that has the name Kindle in it.
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The letter they received is saying the will buy the current domain if they agree to not use the word kindle in any domain names in the future. Thats how Amazon would prevent it by roping them into another agreement.
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Old 09-25-2010, 07:16 PM   #26
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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".
I, uh, think you're missing my point. In this example, "Dyson Sucks" doesn't mean "Dyson is terrible," it means "I'm selling stuff for vacuums." So you'd get quashed not because you're insulting Dyson, but because you're playing off of his trademarked name without his permission.

Capisce?
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Old 09-25-2010, 07:26 PM   #27
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So now I understand why KindleCheapReads is now DailyCheapReads.
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Old 09-26-2010, 06:29 AM   #28
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In this same context are we allowed to start a thread title with the word Kindle ?
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Old 09-26-2010, 07:46 AM   #29
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well he is actually. he's an Amazon "affiliate" which means his site is peppered with links to purchase the kindle from amazon , often in very positive "reviews" of kindle or kindle accessories or books etc. when someone clicks the links the website owner gets paid.
Exactly. from what we know, it's not the domain name per se but the fact that the domain holder is also an Amazon affiliate and as such agreed not to make use of his affiliation on a domain that holds the name "kindle".

If it was any different, the letter wouldn't come from the Amazon Associates department, but from a nasty Amazon lawyer with a nasty take down notice.
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Old 09-26-2010, 02:11 PM   #30
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In this same context are we allowed to start a thread title with the word Kindle ?
Yes. There's no likelihood of confusion, and no commercial use, and that's the test for trademark violation.

A trademark doesn't mean that Amazon owns the word Kindle. It only means that they're the only ones who can market an ebook reader under that name.
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