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smehero

A few years ago Toyota who owns the trademak for “Lexus” sued Tabari, who is an automobile broker for Lexus brand car, for using the domains buy-a-lexus.com and buyorleaselexus.com.

In the end Toyota lost because of the legal concept of “Nominative Fair Use”. Its was ruled that:
1. Use of “Lexus” was needed to readily identify Lexus brand cars
2. The references to “Lexus” in the disputed domains were not more than necessary i.e. not excessive
3. There were no false suggestion of sponsorship or endorsement by the Toyota in the disputed domains

I do see a lot of similarities between both cases






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