[black_eagle]

as I said above, for all you know Geoff could have registered the trademark because he has plans to make a application called Kodi / or is in the process of making said. You taking his brand away from him in Canada is not right.

Odd that, considering on his front page it says 'Formally[sic] called XBMC'. Did he make that too ??

[Ned Scott]

as I said above, for all you know Geoff could have registered the trademark because he has plans to make a application called Kodi / or is in the process of making said. You taking his brand away from him in Canada is not right.

Yeah, and I might have huge breasts and silky red hair.

Don't defend scammers. This guy is not innocent, he's not some small town business guy trying to live the Canadian Dream. Coming to the forum with this kind of argument is an insult to everyone with a brain. You should feel shame for saying something so pants-on-head retarded.

[Big Aero]

@Kib, you seem to know alot about trademarks. Let's say a restaurant in the U.S (For example named, Big Jill's Diner ) trademarks the words "Big Jill's Whoppers" in the U.S, and someone opens a restaurant in Canada named Jack and Jill's Diner. Jack and Jill's then files a trademark for their branded burgers and also claim "Big Jill's Whoppers".

Both restaurants offer home delivery on their Big Jill's Whoppers.

Who is granted the protection over the trademark in Canada?

[Big Aero]

Ned. I'm not defending him, scammer or not. I'm just curious as to how this trademark stuff goes down in other countries, and what rights you have to pursue violators? in other countries where you do not own the Kodi trademark.

[Prof Yaffle]

Well, like most others here, I'm not a lawyer - but I believe prior art and common law (certainly in Canada) come into play here. In essence, you can't simply find that McDonald's trademark has slipped through the net and then grab it, as it was already in use; grabbing it for, say, aeroplanes may pass muster, but for hamburger joints with smiley clowns? Not likely. I would presume the same to apply here.

However, as has been stated, it starts with a conversation before folks wade in with attorneys drawn.

[bilgepump]

Let's say

Let's not say anything at all. Do you seriously expect users of on online forum to try to explain complicated legal issues and discuss hypotheticals? Just sit back and wait to see what happens.

(if it helps you, a trademark is not a name, it's a picture, a design/logo with particular words. Bottom line-if you didn't design it, you can't go about registering it, anywhere. Trademarks are not the only intellectual property that can be protected, there are other bases to protect a trade name/artwork. But don't worry about all that, that's for lawyers who spend years understanding this stuff.)

[Av3nged]

Let's say

Let's not say anything at all. Do you seriously expect users of on online forum to try to explain complicated legal issues and discuss hypotheticals? Just sit back and wait to see what happens.

(if it helps you, a trademark is not a name, it's a picture, a design/logo with particular words. Bottom line-if you didn't design it, you can't go about registering it, anywhere. Trademarks are not the only intellectual property that can be protected, there are other bases to protect a trade name/artwork. But don't worry about all that, that's for lawyers who spend years understanding this stuff.)

In Canada you can register wordmarks as he did. he registered the word kodi for use as the following:

GOODS:
(1) Set top media box and home theatre personal computers.
(2) Computer software programs for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications.

SERVICES:
(1) Technical support services in the form of troubleshooting of computer software problems.

[JxPx]

as I said above, for all you know Geoff could have registered the trademark because he has plans to make a application called Kodi / or is in the process of making said. You taking his brand away from him in Canada is not right.

Yeah, and I might have huge breasts and silky red hair.

Don't defend scammers. This guy is not innocent, he's not some small town business guy trying to live the Canadian Dream. Coming to the forum with this kind of argument is an insult to everyone with a brain. You should feel shame for saying something so pants-on-head retarded.

@ned Scott Just out of curiosity, what classifies this guy as a scammer?

[natethomas]

Guys, you are basically all making guesses at this point, which helps no one. I'm going to close this thread now, because it's entirely pointless. I'll try to remember to re-open it when the issue has been resolved and update you all.