Trademark Law and the little guy

[astcell]

From:
http://www.findlaw.com/12internation...icles/484.html

Emphasis mine. So soon enough if it is on Ebay it must be a fake, right?


Trade Marks
The fact that your business has registered a domain name in New Zealand or elsewhere does not guarantee smooth sailing. Registration and use of a domain name which is identical or deceptively close to a third party's trade mark (whether registered or non-registered) may contravene trade mark and passing off laws or breach the Fair Trading Act 1986. The risk of this happening in New Zealand is reduced if the domain name is your business or brand name. However, in other countries your domain name (and business or brand name) may infringe local trade marks. In addition, using other's trade marks on your business' website may amount to a trade mark infringement both in New Zealand and elsewhere, contravene passing off laws or breach the Fair Trading Act (or equivalent laws overseas). Your business may also be at risk of trade mark infringement from your customers' activities. Rolex recently filed an action against eBay's German subsidiaries for trade mark infringement and unfair competition in relation to the sale by eBay's customers of counterfeit Rolex watches through eBay's German auction site. Rolex is seeking an order forbidding sales of Rolex watches on the site and damages.