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MySpace For Trademark Infringement

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When capitalizing on the social networking explosion, it’s best to not be too obvious that you’re ripping off somebody else – especially when everybody knows that somebody else and the high-priced lawyers that come with. For example, a site called “MySpace for Midgets” is wrong for two reasons, but we’ll just focus on one.

A site like that is a prime candidate for the beady-eyed sights of News Corp. attorneys who won’t mind reminding the site operator of what exactly constitutes trademark infringement.

According to Harvard Law:

If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. 1114, 1125. The standard is “likelihood of confusion.” To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods.

In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant’s intent. Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).


I tried to bring this up with the president of EDJ-Associates, Edwin De Jesus, when I received a press release about his new social networking site for business professionals, MySpace for Business. It’s been said you can’t copyright look and feel, which is good for De Jesus, because it looks and feels a lot like MySpace.com.

“The new MySpace. for Business, is exactly what the name implies, modeled after the popular myspace.com, except that we focus exclusively on business networking, targeted towards SMBs,” said De Jesus.

In an email, I asked De Jesus if News Corp. had approved the use of the MySpace brand for his site. He answered, letting me know he also owned MySpace Hispano, a MySpace.com-like site for Latinos.

After noting the loveliness of Rosalinda and Diomily, members pictured on the homepage, I asked again if De Jesus thought his domains would cause confusion with the MySpace brand.

“I’m not concerned about any trademark violations,” he said, “I made sure I didn’t commit any. I don’t mind the confusion, that’s ok with me!”

So if De Jesus, who has financed his two startups himself, says there’s no problem then there must be no problem. News Corp. didn’t respond to a request for comment, so maybe it’s okay with them too.

But just to be on the safe side, the next time you’re trying to think up a name and concept for your niche-targeted social network, ask yourself, “what would De Jesus do?” and do the opposite.

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MySpace For Trademark Infringement
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  • kenneth edward boyman

    dear myspace i am kenneth edward boyman i am the TRADEMARK OWNER of kick your ads and advertisingreen plus 4 other registered trademarks you are allowing a mr. tom anderson to commit cyber-crime by allowing him to use myspace and my trademarked names and propertys without permission please put a stop to this criminal activities that mr, tom anderson is committing on the internet please contact me mr.kenneth edward boyman the trademark owner at 310-633-4641 thank you for your prompt response to this very serious issue 310-633-4641

  • KENNETH EDWARD BOYMAN

    THANK YOU

  • Guestkenneth boyman

    what happened to the article on myspace trademark violations written by kenneth edward boyman

  • KENNETH EDWARD BOYMAN

    i have concrete evidence of myspace trademark violations

  • kenneth edward boyman

    i have concrete evidence that myspace infringed on my trademark in thepeople directory with advertising green with HGA incorporated my article that i wrote was honest and sincere how could you take it down kenneth edward boyman

  • THANK YOU WEB PRO NEWS

    THANK YOU WEB PRO NEWS I REALLY NEED A FRIEND AND A TRADEMARK LAWYER TO WIN THE WAR AGAINST TRADEMARK VIOLATORS AND MYSPACE CYBER-CRIMINALS

  • jungleboyman@gmail.com

    DEAR WEBPRONEWS I FOUND AN ARTICLE ON COMPLAINTS .COM THAT SAYS ALOT OF PEOPLE WHO WERE DEFRAUDED BY A GROUP OF CYBER CRIMINALS WHO USED PLATEAUS LIKE WHOLE FOOLS MARKETS , BOGEYS, HENRYS MARKETS, AND A CONTRACT WITH RALPHS SUPERMARKETS WITHOUT ANY TRADEMARK SEARCH ALLOWED THESE CRIMINALS TO SOLICIT AND DEFRAUD THE PUBLIC ON A NATIONAL ADVERTISING GREEN MAGAZINE THE MAGAZINE HAS PICTURES OF OPRAH , BRAD PITT, AND OBAMA, I HAVE BEEN LOOKING INTO THIS CRIME BUT I CANT SEEM TO LOCATE OR GET ANY OTHER INFORMATION PERTAINING TO THIS ISSUE ON THE NAMES AND WHERE ABOUTS OF ALL THE PEOPLE INVOLVED THEY WERE USING CREDIT CARD NUMBERS TO STEAL AND DEFRAUD SO THEIR IS A PAPER TRAIL LETS FIND OUT IF THIS IS TRUE IF ITS WORTH YOUR VERY VALUABLE TIME THANK YOU TRADEMARK ADVOCATE JUNGLEBOYMAN@GMAIL.COM

  • http://advertisinggreen boyman

    you changed the format of my story you make it seem and appear like here say i am very disappointed webpronews

  • http://advertisinggreen boyman

    fuck you webpronews i thought you were a credable publication guess i was wrong how dare you write kenneth edward boyman says fuck you and rupert murdoch to you discredit the facts and i have lost all trust in you and every thing you publish.

  • http://advertisinggreen boyman

    please remove all comments written by me kenneth edward boyman i dont like the new version of i say, please remove ,

  • http://advertisinggreen boyman

    you have lost your credability, you have lost all your validity ,we cant trust you to write an article and then stand by what you stated as was originally published myspace for trademark violations

  • http://advertisinggreen boyman

    when you lost the article trademark infringement by the same cyber criminal as was the article that was posted about tom anderson the world had lost all trust in you web pro news when you make my article look like here say , if you dont want to change it to its original format please take all my comments down,that is what kenneth edward boyman SAYS