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Since 2003, Toyota sued Lisa and Farzad Tabari, the owners of Fast Imports, in a Los Angeles federal court in 2003 stating that consumers would be confused by the use of the name Lexus in the defendant’s Web site domain name and the use of Lexus photos and the Lexus logo. The domain names are buy-a-lexus.com and buyorleaselexus.com. The federal court judge already ordered Tabaris to remove the term Lexus and the copyrighted Lexus photos and the Lexus logo from his websites.

However, Tabaris appealed their case. They might confuse the public if using domain names such as we-are-definitely-not-lexus.com and independent-lexus-broker.com. Chief Judge Alex Kozinski wrote: “When they say Lexus, they mean Lexus. We’ve long held that such use of the trademark is a fair use, namely nominative fair use. And fair use is, by definition, not infringement.” The panels also claimed that trademarks are part of our common language, everyone have some right to use them to communicate in truthful, nonmisleading ways. Finally, the U.S. Ninth Circuit Court of Appeals in San Francisco ruled that an authorized Lexus dealer can use the word “Lexus” in its Internet domain name.

Some car companies allow this kind of use, it helps them promote they cars and sale them more. This is very good for business since today is big recession going on.

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