Thats a pretty good find. Not too sure about the use of the Hornby name though within the domain as its a commercial site. It seems to suggest a tie in with Hornby when this is not the case!
There are far bigger outfits who have been in business for many years selling spares (eg East Kent Models, Modelspares) who have not done this. The site owner may ultimately have not been too keen on the instant fame he has been given at Slotforum!
I would guess either a competitor who has a large account with Hornby who visits Slotforum, or any number of Slotforum visitors who work for Hornby. Visitors do not have to register to view the message board remember!
It is in fact a major comercial handicap to have a trademark within your domain name as you cannot advertise in magazines or do any promotional work to promote your site without drawing attention to yourself from the trademark owner. So short term gain is long term pain!
Basically you are unable to run and market your business using traditional channels and you are stuck within the subvertiveness of the internet hiding away hoping that nobody will spot your website. Is that anyway to run what appears to be a very sound proposition with spares that even I might need to purchase and with prices that are competitive?
Thats just guaranteed the link a few more hits hasn't it!
PS I have no connection at all with the link above!
regarding the law, it is a sticky one. You cant release pop songs under the name 'Paul Mcartney' even if that happens to be your birth name, unless you were in the beetles with john george and ringo! (though you could use it as a trade name in another business for example 'paul mcartney tractors')
If there is evidence suggesting that the domain name in question has been chosen by Station Master Direct with the intent to profit or otherwise abuse Hornby's trademark rights, then there is a problem.
If there is a likelihood of confusion that Hornby's mark was being diluted, then there is a problem.
Seems like Hornby's IP Lawyers need to pull up their pants. Perhaps though, seeing that the name Scalextric is used generically to a large extent, it wouldn't be wise to fight every company or individual who used the name. I suppose that they would really have to prove that the registrant was profiting and Hornby loosing out in each case.
QUOTE (moped rider @ 12 Jul 2004, 12:34)Thats a pretty good find. Not too sure about the use of the Hornby name though within the domain as its a commercial site. It seems to suggest a tie in with Hornby when this is not the case!
Do you ride a moped and nothing else? Otherwise we may be forced to change your name..
Wankel, don't regret bringing the link to our attention as it was a genuinely good find.
Its just unfortunate that the site owner has chosen a domain name that is slightly controversial, even though there may be good and honest intentions. You have to put yourself in the shoes of other retailers like Pendleslot, Getslotted and MRE and a number of model railway stockists. Think how they might feel?
I cannot see a drama there at all. All of the above sites are doing pretty much the same and I don`t think anyone can confuse them with the manufacturer. After all it`s pretty hard to sell Scalextric cars or spares without using the name and logo. If Hornby also list those sites as retailers authorised or not then that would seem to confirm that all is well?
It has been accepted by Hornby that the term Scalextric has become a generic term and why should they mnd that? The only time I ever heard that they got pissy was with the NSCC title. I don`t know if that is a true story but in all other regards I believe the aim is to get the name around and sell stuff.
Yeah, I can really see Sean and the others fuming as this guy with his trick url hoovers ™ up in the phenomenally huge and lucrative world of Hornby spares and laughs all the way to the Lambo' dealership with his swag.
My, oh, my, you would have kittens with the url I registered a year ago when I contemplated going back to retail with these toy cars!
You should see some of the url's I have registered Mr Wankel. Your kittens would be much larger than mine I suspect!
Why the fascination with Lambos? (and its not just Mr Wankel guilty of this)
Isn't this one of the slower cars around the "Top Gear" track?
Surely the Mazda is your scene?
I suppose there is an argument for the guy offering a much needed service that is not possible for Hornby to offer as Hornby did sell off all the spares that were in the Margate factory in the first place! Hornby could hardly say to a purchaser having spent £££££ buying up all the old spares that you cannot sell them as Hornby spares.
Everyone knows about Ferraris, but Lamborghini was always the lesser known company building cars to compete with Enzo's vehicles. They may be slower than some things on Top Gear's track, but nothing else looks like a Lambo, be it one of their tractors, their LM002 off roader, their powerboats (Quetzal), or any one of their road cars, even with Audi's influence.
Oh, and perhaps the recent AUTOart releases have something to do with the current interest
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