

Ask HN: Is saying "my startup is the airbnb of X" trademark infringement? - almightygod

It is one thing to say this in passing conversation but wouldn't publishing this on any website (i.e. angellist) constitute trademark infringement?
======
petercooper
Welcome to nominative use! <http://en.wikipedia.org/wiki/Nominative_use>

_Nominative use, also "nominative fair use", is a legal doctrine that provides
an affirmative defense to trademark infringement as enunciated by the United
States Ninth Circuit,[1] by which a person may use the trademark of another as
a reference to describe the other product, or to compare it to their own._

Bear in mind that this is a _defense_ and not an immediate get-out-of-court-
free card. This fair use exists because otherwise it'd be impossible to refer
to trademarked items at all without infringing in some way. After all, you
just used the word "airbnb" in your post ;-)

------
pedalpete
Not a direct answer to your question, but hopefully more helpful in the long
run.

Focus on the important things. This being copyright infringement (I doubt it
is) isn't important. If it got to the point where it mattered, you're very
successful, and you can likely change it quickly at that point.

Non-competing companies, you should find, are more than willing to help other
companies, rather than try to destroy you because of small details like this.

~~~
ig1
Yep, especially if you're using it to raise financing. You're essentially
giving the company free promotion to a very influential audience (angels and
VC).

------
craigmc
If you say it and the company in question complains, then stop saying it (in
that situation the legality doesn't matter as it is a case of BIG v small),
otherwise as long as you are not the "airbnb" of a market that airbnb might be
in (or want to be in) then you are probably okay... maybe... don't ask a
lawyer though, they tend to freak at this sort of thing.

------
noonespecial
No, what you're thinking of is trademark infringement. As long as you don't
claim to _be_ airbnb, or try to make people thing you are in some way
associated (or look like you are), you're good.

------
dgunn
I'm dying to know...what are you airbnb-ing? I'm very excited to see airbnb
applied to other things.

