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Joined 1 year ago
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Cake day: August 15th, 2024

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  • if we are going to capitalism

    Nobody is for capitalism, except as a derivative of classical liberalism. Capitalism might be useful as a tool in economics, but so is the “spherical cow” useful in physics - you can learn a lot but need to be careful as it doesn’t apply to the real world.

    Since nobody is going full capitalist we can ask what liberalism things - and that is a branch of philosophy much more complex than just pure economics. In this case Lamborghini is entitled to their property, which we know is their property because the Lambo guy was acting like it was - in many other domain cases there is at least some doubt.




  • They are owned by the trademark when the person owning/using the name is acting like the trademark. Trademark law is generally based around would someone be confused if they say the other one. I could start a house construction business can call it Lamborghini without a problem so long as I was very clear in all advertising that I’m only building houses and not in any way related to the cars - but if I start putting Lamborghini cars in my advertising I could get into trouble for creating confusion even though my competitor Joe’s houses has cars in his ads. (this is obviously a made up situation)

    From the article “didn’t develop the site, had attacked the company on more than one occasion, and tried to profit from its established reputation.”

    If he had developed that site in what looked like good faith he would have kept it. However all indications were he didn’t care about Lambo as anything other than a get rich quick scheme and that will fail to trademark since the name is only valuable if it is confused with the trademark. A parody site (obvious parody) would have been fine. Obvious star wars fan sites as welll (though this could infringe on other trademarks so care is needed). Even adopting Lambo as his nickname could have worked - but if that was his intent he wouldn’t have tried to sell.