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French Designer Ordered to Give up milka.fr

timothy posted more than 9 years ago | from the you-must-give-up-your-milka dept.

The Internet 462

jmf writes "The BBC is running a story about French designer Milka Budumir, who has been ordered by a judge to give up milka.fr to Kraft Foods. You can read her side of the story (in French) at her site which also points to Kraft's side of the story. Kraft make very good chocolate, but they seem to be colour-blind: claiming that this website's colour is similar to this one's."

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The_Fire_Horse launches a new meme (0, Offtopic)

The_Fire_Horse (552422) | more than 9 years ago | (#11942025)

In a brazen move on Wednesday, The_Fire_Horse [slashdot.org] begins a new MEME on slashdot. After several accusations, an idea hits him like a lightning bolt..
Instead of sneakily posting as AC in a pathetic attempt at getting the ball rolling on some half arsed unfunny discussion, he decides to announce upfront and with total candor slashdots latest meme like a cheesy press conference.
So here it is...

Slashdot Meme for March 2005 = 'Bazunok'

You say it real cool like..
'Man, that latest kernel release is Bazunok'
Check out the Bazunok hair on that guy
Taco is so Bazunok

Please accept this latest meme as if it spontaneously arrived in a hilarious manner and continue to thrash it until it is as dull as the 'SOVIET RUSSIA' joke.

Re:The_Fire_Horse launches a new meme (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11942050)

Only old people say bazunok...

Re:The_Fire_Horse launches a new meme (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11942091)

in soviet russia....

FRISP TROST? (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11942030)

Well thats just stupid.

WHOA! (5, Funny)

sandstorming (850026) | more than 9 years ago | (#11942035)

Thank god I didn't register that domain... I was going to... but I decided with http://www.mycrowsoft.com Crisis averted!

Re:WHOA! (0, Redundant)

Baron Eekman (713784) | more than 9 years ago | (#11942157)

You mean mikerowesoft.com [slashdot.org] ?

Re:WHOA! (-1, Redundant)

Anonymous Coward | more than 9 years ago | (#11942170)

Don't you mean MikeRoweSoft.com [slashdot.org] ?

YAY (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11942038)

FIRST POST!!!!!

First Post (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11942039)

Got first post?!

Evil Milka! (4, Funny)

Harald74 (40901) | more than 9 years ago | (#11942043)

On top of everything: Their site is a Web-trap! No "back" button for me! Aaargh!

Re:Evil Milka! (1)

Zorilla (791636) | more than 9 years ago | (#11942072)

What's the deal with not being able to back out of some pages (especially the scummy ones)? Why is this an even issue in non-IE browsers? Is this required for compatibility or something and can it be disabled without killing a bunch of other things as well?

Re:Evil Milka! (-1)

Anonymous Coward | more than 9 years ago | (#11942100)

odd, I backed out of it.

90% of the can't-back-up errors are from javascript onload redirections from people too annoying to use a standard meta refresh tag or better yet the headers from the webserver to redirect you.

Re:Evil Milka! (1)

Joheines (34255) | more than 9 years ago | (#11942233)

It happens when the previous page is a page that redirects to the current page. So when you press "back", you get back to the page that redirects to the page you came from...

Re:Evil Milka! (1)

Luigi30 (656867) | more than 9 years ago | (#11942239)

They use Javascript to redirect you to the same page, so it creates an infinite loop of redirects if you keep hitting back.

Re:Evil Milka! (1)

leon.gandalf (752828) | more than 9 years ago | (#11942156)

Thats what tabed browsing is for. Done with the page.... cose the extra tab.

First Pint (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11942044)

Mmmmmmmmmmmmmmmm cow juice

a designer ??? (2, Insightful)

Anonymous Coward | more than 9 years ago | (#11942046)

one old granny doing clothes touch'ups isn't what I would call a designer

Re:a designer ??? (2, Funny)

Tim Browse (9263) | more than 9 years ago | (#11942215)

How about if she was a young granny?

Kraft makes good chocolate? Doubtful. (3, Insightful)

seifried (12921) | more than 9 years ago | (#11942048)

I call BS. Find me one Kraft "chocolate" product where Chocolate or Cocoa butter is listed first ont he ingredients (i.e. the majority ingredient), or even then second or third one.... To be perfectly honest I have never seen a Kraft "chocolate" product, but I have seen their "cheese" prducts (and as a kid I ate them, but now they make me gag).

Re:Kraft makes good chocolate? Doubtful. (4, Informative)

buzzcutbuddha (113929) | more than 9 years ago | (#11942063)

Kraft Deutschland owns the Milka brand, which is one of the finest varieties of chocolate in Germany.

I believe they purchased the brand after it was well-establishee but that doesn't matter at this point, as Kraft's name is on the letterhead.

Re:Kraft makes good chocolate? Doubtful. (5, Interesting)

seti (74097) | more than 9 years ago | (#11942126)

Finest chocolate?

You must eat some pretty shitty chocolate if you call Milka the "finest".

Re:Kraft makes good chocolate? Definitely! (4, Informative)

VdG (633317) | more than 9 years ago | (#11942147)

Kraft also own a wide range of other chocolate brands, including Toblerone, Cote d'Or (one of my personal favourites, especially the one with pecans) and Suchard.

Re:Kraft makes good chocolate? Doubtful. (1)

slavemowgli (585321) | more than 9 years ago | (#11942182)

I have to disagree about Milka. They make good chocolate, that's true, but not great chocolate; if you really want the "finest" varieties, try Leysieffer or Rausch, for example. You'll be in for a (positive!) surprise. :)

Re:Kraft makes good chocolate? Doubtful. (2)

Hognoxious (631665) | more than 9 years ago | (#11942237)

the Milka brand, which is one of the finest varieties of chocolate in Germany.
[Angus Deayton] The words "damn" "faint" and "praise" spring to mind.[/AD].

Re:Kraft makes good chocolate? Doubtful. (3, Informative)

Chicane-UK (455253) | more than 9 years ago | (#11942068)

Have you never eaten Milka chocolate? You get it in Europe and its actually really rather nice :)

Re:Kraft makes good chocolate? Doubtful. (3, Interesting)

ExKoopaTroopa (671002) | more than 9 years ago | (#11942113)

well, it's okay for supermarket chocolate, but it isn't worth proper Belgian choc's such as : Leonidas [leonidas.be] or Pierre Marcolini [marcolini.be] (or even good old Côte d'or [cotedor.be] is tastier)

Re:Kraft makes good chocolate? Doubtful. (2, Insightful)

CastrTroy (595695) | more than 9 years ago | (#11942221)

Cote D'or is made by Kraft. In the future, everything will be owned by one superhuge conglomerate.

Re:Kraft makes good chocolate? Doubtful. (1)

madaxe42 (690151) | more than 9 years ago | (#11942071)

Sorry, in spite of them being evil, Milka is wonderful - much better than that sawdust and charcoal shit you call 'Herp^Hsheys'. Still not as good as Cadbury's dairy milk though.

Re:Kraft makes good chocolate? Doubtful. (1)

delta_avi_delta (813412) | more than 9 years ago | (#11942114)

Amen to that. How come the nearest place to Helsinki I can get some Cadburys is St Petersburg?!

Re:Kraft makes good chocolate? Doubtful. (1)

orcrist (16312) | more than 9 years ago | (#11942198)

Dude, if you're in Helsinki you've got Fazer, which is not too bad either.

-chris

Re:Kraft makes good chocolate? Doubtful. (1)

delta_avi_delta (813412) | more than 9 years ago | (#11942230)

Indeed I do, but every now and then I get cravings for Cadburys that Fazer just can't fix :)

Re:Kraft makes good chocolate? Doubtful. (1)

R.Caley (126968) | more than 9 years ago | (#11942151)

Still not as good as Cadbury's dairy milk though.

Oh yeuch. Anonymous vegetable fat, sugar and something to stain it brown without introducing any noticable flavour of chocolate.

Re:Kraft makes good chocolate? Doubtful. (1)

VanillaCoke420 (662576) | more than 9 years ago | (#11942120)

I've never tasted Milka, so I can't say much about it. However, if yo want good chocolate, try really dark Belgian chocolate. Mmmmm...

Re:Kraft makes good chocolate? Doubtful. (3, Insightful)

seifried (12921) | more than 9 years ago | (#11942134)

Replying to my own post... Yes I have had Milka, in fact I can buy it locally at a german supermarket (K&K foodliner). And no I don't much care for it. As far as common north american chocolate brands go (Hershey's, Cadbury, etc) I won't touch them with a 10 foot pole. If I'm desperate and slumming it I will have Sport Ritter or Lindt, but generally speaking I stick to the expensive stuff (since one small piece tastes infinitely better and is more satisfying then an entire slab of cheap chocolate). Quality, not Quantity (something in north american food culture we seem to be missing =(.

Re:Kraft makes good chocolate? Doubtful. (1)

slavemowgli (585321) | more than 9 years ago | (#11942191)

I have a bar of Côte d'Or Sensations Intense (Côte d'Or is a Kraft brand these days) right in front of me, and it has cocoa paste as the first ingredient (followed by sugar, cocoa butter and cocoa).

And it makes sense, too, when you think about it. Why would you buy an established brand the name of which stands for a certain quality and then water it down?

Re:Kraft makes good chocolate? Doubtful. (1)

Hognoxious (631665) | more than 9 years ago | (#11942251)

Why would you buy an established brand the name of which stands for a certain quality and then water it down?
Short term profits?

Re:Kraft makes good chocolate? Doubtful. (0)

Anonymous Coward | more than 9 years ago | (#11942199)

Find me one Kraft "chocolate" product where Chocolate or Cocoa butter is listed first ont he ingredients (i.e. the majority ingredient), or even then second or third one....

Hmm, according to this site [germandeli.com] , cocoa butter is the second ingredient (chocolate comes in fourth) (and the Ritter Sport ingedients, which you turn to if you are desperate according to your other post) are similar [germandeli.com] when it comes to the ordering of cocoa butter...

Designer? (2, Funny)

nmg196 (184961) | more than 9 years ago | (#11942056)

He's a *designer* and his website looks like *that*?!

Re:Designer? (3, Informative)

LiquidCoooled (634315) | more than 9 years ago | (#11942070)

Yes, *she* is some lady who touches up and adjusts clothes.

This is her one big chance at fame, let her bask in the spotlight.

Her site has been dormant for a couple of years now, its just recently with the media "interest" that shes spruced it up.

Mind you, it looks downright awful, but who am I to judge.

Re:Designer? (1)

nmg196 (184961) | more than 9 years ago | (#11942074)

*She* I meant to say. Sorry Milka.

Re:Designer? (1)

yogikoudou (806237) | more than 9 years ago | (#11942099)

*SHE* is not a designer, Slashdot editors didn't understand, once again. She is a dressmaker, she has no knowledge about web design.

Re:Designer? (0)

Anonymous Coward | more than 9 years ago | (#11942146)

Surely you understand that there are other things to design in the world than web pages?

Re:Designer? (3, Insightful)

slavemowgli (585321) | more than 9 years ago | (#11942162)

She, not he. And she's a fashion designer, not a web designer, which is a big difference - next time you design a website, try to come up with the haute couture to go with it and you'll know what I mean. :)

MOD PARENT DOWN Re:Designer? (0)

Anonymous Coward | more than 9 years ago | (#11942218)

Mod parent down. Arrogant poster made two mistakes: gender (its in the headline) and doesn't know someone can design something other than websites.

Are you paying attention? (-1)

Anonymous Coward | more than 9 years ago | (#11942260)

He's a *designer* and his website looks like *that*?!

If you're going to dis Milka Budimir at least get her gender correct. Sheesh, it's even in the article summary.

OMFG (5, Insightful)

Anonymous Coward | more than 9 years ago | (#11942057)

OK, so first this 'kraft' company doesnt register domains for all their brands on the country tld's. Then, *YEARS* later they go "oops, it's alreay taken! What should we do? Oh, thats right! Sue the bastard. Who is the bastard anyway? Ah!".

So they got away with their neglection by fixing it with a lawsuit. Man, I thought France was about freedom and justice.

Re:OMFG (1, Informative)

madaxe42 (690151) | more than 9 years ago | (#11942082)

You forgot the third one, liberte, egalite, et fraternite (sorry, no accents) - she should be brotherly, and let them have the domain. She's been effectively squatting for 3 years, anyway.

Bad, but Not Too Bad (5, Insightful)

Anonymous Coward | more than 9 years ago | (#11942061)

How much business could the website be generating for her in the first place?
She should appeal, then settle. Go to the new suggested domain (milkacouture.fr) and have Kraft link her from Milka.fr with a brief note about the settlement.
Irregardless, I hope she has the sense to register the alternative (milkacouture) just in case. It's currently unreserved and prime for a squatter.

Re:Bad, but Not Too Bad (2, Informative)

Anonymous Coward | more than 9 years ago | (#11942164)

Please stop saying irregardless... it makes people's intelligent points stop sounding so intelligent...

It's not a word...good grief

Kraft owns Milka? (4, Insightful)

MunchMunch (670504) | more than 9 years ago | (#11942062)

I spent a year in Austria around 1996 and, coming from America where you have Hershey's or the highway, Milka was like rediscovering chocolate. Compared to it, America chocolate tasted sort of chalky and brittle at best, 1984-style-chocolate-ration at worst.

So when did Kraft buy it? Does this mean it's gonna get worse?

Re:Kraft owns Milka? (0)

Anonymous Coward | more than 9 years ago | (#11942078)

They've owned it for a while and it's still the same. Companies learned well from the New Coke debacle.

Re:Kraft owns Milka? (1)

Look KG486 (867105) | more than 9 years ago | (#11942122)

So Milka is double-plus-good?

Ghirardelli! (-1)

Anonymous Coward | more than 9 years ago | (#11942139)

Hershey's isn't the only chocolate in America.

Re:Kraft owns Milka? (1)

slavemowgli (585321) | more than 9 years ago | (#11942149)

Kraft has owned Milka for quite a while - several years, at least, and they haven't gotten any worse. The same goes for other brands they own, like Côte d'Or, Toblerone, Marabou, Suchard etc.

But of course, that's only talking about the quality of the chocolate, not that of the business ethics.

Re:Kraft owns Milka? (0)

Anonymous Coward | more than 9 years ago | (#11942159)

Kraft has owned Milka since quite a while.

They also own "Côte d'Or", which is an even better chocolate (made in Belgium).

Fortunately, they haven't changed the recipes when they acquired the old companies. Otherwise, people would have stopped buying these products. They have only improved the marketing and launched new products using these brands (with mixed success), but they didn't touch the well-known products.

Re:Kraft owns Milka? (4, Insightful)

ghoti (60903) | more than 9 years ago | (#11942181)

Milka is the Microsoft of the European chocolate market. They are trying to push everybody else out, shamelessly copy other products, and all their products taste exactly the same. What's the point of buying chocolate easter bunnies when they taste exactly like the bar of chocolate you buy all year? Damn those big fucking companies, I want my variety back!

Not a designer (5, Informative)

Max von H. (19283) | more than 9 years ago | (#11942064)

Milka Budumir isn't a designer... She's just a seamstress who got her name / domain name given to her by her son for her birthday. It's not like she has a brand to defend ; OTOH she's not causing Kraft any harm.

Thing is, in France, trademark law will prevail when it comes to .fr domain names, which were only available to registered companies with a trademark brand name (you had to show paperwork), which certainly explains this ruling.

Country TLDs ownership rules differ from country to country, unlike the usual .com .org .net .info .biz so don't scream if you haven't read the legal mumbojumbo above the "I agree" button!

Re:Not a designer (3, Insightful)

KiloByte (825081) | more than 9 years ago | (#11942131)

If you don't own "trademark" to your own name, something is really fucked up...

Besides, Milka-the-company owns their trademark only for chocolate and dairy products, it's available for all other uses. If a "script kiddie for hire" company in town A is named "Pwnage", this doesn't restrict a "bouncers for hire" company in town B from using the same name. In fact, giving one of them advantage over the other -- that is, any advantage other than preventing people from knowingly infringing an established name -- is just plain wrong. And show me how exactly the old lady's parents were knowingly abusing the company's name...

Re:Not a designer (2, Interesting)

R.Caley (126968) | more than 9 years ago | (#11942186)

If you don't own "trademark" to your own name, something is really fucked up...

How many people named McDonald do you think there are in the world? Some proportion of them presumably run restaurants or similar. How many of them have the trademark on that name for that purpose in their jurisdiction?

What is supprising is that the court decided that such a different business infringed. Presumably French trademark law is very different from UK and US law.

Re:Not a designer (4, Insightful)

VdG (633317) | more than 9 years ago | (#11942216)

I've got a slight interest in this, since Kraft are one of my customers and I used to work for them. However...

Most major companies are extremely interested in brand names. They see the brand name itself as more important than any individual product that's associated with it. They're always looking for new products to associate with succesful brands. It also means they get very concerned at any threat to the brand image.

In this particular case, Kraft are not in the clothing business, nor are they ever likely to be. But they *do* have interests in promotional items which might well include clothes.

The Milka brand has for a very long time been associated with a particular colour: a shade of lilac/purple. Compared side-by-side there's not much similarity between that and the milka.fr site. But milka.fr does use a sort of purple/mauve colour: someone going to that site might conceivably mistake it for the trade-marked colour - if they didn't have an example to hand - and think that the site was associated with the chocolate in some way.

I suspect that Kraft's objection is not so much that Ms Milka might make soome money out of it, but that their customers might wonder "why is Milka associated with this tatty little fashion site?", thus damaging the name.

Not a big risk, but if they let one site get away with it - however innocently - they leave themselves wide-open to future abuse.

Coming down on the side of big business isn't going to be popular around here, but I think that Kraft are quite justified in this case, provided that they don't get too heavy-handed.

Re:Not a designer (1)

rsmith-mac (639075) | more than 9 years ago | (#11942143)

Thing is, in France, trademark law will prevail when it comes to .fr domain names, which were only available to registered companies with a trademark brand name (you had to show paperwork), which certainly explains this ruling.

Just out of curiosity, what TLD do non-business entities in France use then, the universal TLD's?

Re:Not a designer (2, Interesting)

plumby (179557) | more than 9 years ago | (#11942184)

She's got a shop (or at least it looks like she has from the photos). She may well have printed business cards/adverts etc with her website/email address on it, so she does have some form of brand to defend, and if the brand, and internet presence, is so important to Kraft, why did they not get round to doing something about registering in France before 2002?

IANAL, but doesn't trademark only apply to a specific industry? It doesn't seem likely that someone going to Milka Couture is going to believe that they've gone to Milka chocolate's clothing site.

If www.milkacouture.fr is acceptable, why would milkachocolat.fr not have been acceptable for them instead.

Would the sensible option in this kind of case be to go for a shared page that had "If you are looking for Milka chocolate, click here. If you are looking for Milka couture, click here"?

oh the humanity (-1, Flamebait)

Stalyn (662) | more than 9 years ago | (#11942065)

that poor crazy french lady lost her website... i'm sure millions and millions of french people will be confused and her profitable business will dwindle down to giving out hand jobs.

Re:oh the humanity (2, Insightful)

Anonymous Coward | more than 9 years ago | (#11942180)

Hey, just because it happened to your Mom doesn't mean it'll happen to her.

Besides, you Mom taught you a useful trade - you've got to be thankful for that, huh?


(Many apologies - but your comment came closer to troll than joke, and I just wanted to point out that it is not nice to be cruel to people... as you can see from being on the receiving end. It's always surprising to see a low UID /.er misjudge their comments though ;)

ah .. the food companies.. (5, Interesting)

Anonymous Coward | more than 9 years ago | (#11942069)

german (food) companies are somewhat known to defend their trademarks. the most pathetic one was the trademark holder of "kinder" (= children) cracking down on everything with children in their product name. even funnier that courts rule in their favor most of the time too.

Re:ah .. the food companies.. (1, Informative)

Anonymous Coward | more than 9 years ago | (#11942153)

Ferrero who produces among others the horrible Kinder-chocolate and Nutella is an Italian company a.f.a.i.k .

It is true that german courts always back the most ludicrous demands when it comes to brand names vs. people's names.

Similar color schemes, sure. (5, Funny)

jonadab (583620) | more than 9 years ago | (#11942073)

Those colour schemes are similar, in the sense that both of them make heavy
use of garish, clashing, high-saturation colours that DON'T GO TOGETHER.

Re:Similar color schemes, sure. (1)

idiotnot (302133) | more than 9 years ago | (#11942121)

In the case of Milka.de, they've used purple and white for a very long time (at least twenty years....which would be the first time I saw the candy).

Milka.fr is pretty bad, I agree.

Re:Similar color schemes, sure. (1)

WebHostingGuy (825421) | more than 9 years ago | (#11942158)

Well in my browser they both are the same background -- black.

In fact they all are black. I think it is a conspiracy and all domain names should be given up.

Well, back to browsing: /usr/bin/lynx

I'm not french but (0)

Anonymous Coward | more than 9 years ago | (#11942085)

still I'd like to change my name into, say, Ano N. Cowar. Can't afford to get sued right now, and my first and last name... well judge for yourself.

Sincerely,
Cock A. Kola

HTML header (0)

Anonymous Coward | more than 9 years ago | (#11942088)

what is with the html header on the home page [milka.fr] , it's huge and does not seem to serve a purpose

it"s full of this

function MM_initTimelines() { //v4.0 //MM_initTimelines() Copyright 1997 Macromedia, Inc. All rights reserved. var ns = navigator.appName == "Netscape"; var ns4 = (ns && parseInt(navigator.appVersion) == 4); var ns5 = (ns && parseInt(navigator.appVersion) > 4); document.MM_Time = new Array(1); document.MM_Time[0] = new Array(0); document.MM_Time["Timeline1"] = document.MM_Time[0]; document.MM_Time[0].MM_Name = "Timeline1"; document.MM_Time[0].fps = 15; document.MM_Time[0].lastFrame = 0; for (i=0; i

Re:HTML header (2, Informative)

W3bbo (727049) | more than 9 years ago | (#11942232)

Its automatically inserted by Dreamweaver 4 (not usually MX or MX 2004) when you use the "Timeline" feature or add an absolutely positioned
element to the page.

Still, not as bad as FrontPage :)

Unlawful Trademark Overreach (2, Interesting)

Anonymous Coward | more than 9 years ago | (#11942098)

There is no trademark infringement - clearly a case of trademark overreach.

Many businesses share the same name as others.

It tells you everything on http://wipo.org.uk/ [wipo.org.uk]

Milka Chocolate... (0)

Anonymous Coward | more than 9 years ago | (#11942102)

... is delicious! I'm certainly not what you would call a chocoholic (actually, I often go for months without touching the stuff), but Milka has been one of my holiday cravings for over ten years. We used to bring back boxes of the stuff when returning from trips to central Europe.

It's probably just as well that it's difficult to find in the UK, as too much of it might take away some of the magic. Speaking of which, does anyone from the UK know of anywhere that stocks this particular brand of chocolate? I found it at the airport once, but that seems to have been a one off.

And I realise that this is almost completely off-topic, but what the hell...

Re:Milka Chocolate... (0)

Anonymous Coward | more than 9 years ago | (#11942172)

My local Lidl stocks it occasionally

Looks like Lawyers creating jobs for themselves... (2, Interesting)

gweihir (88907) | more than 9 years ago | (#11942108)

Possibly just some fellows without any true skills making sure their jobs are safe.

In a way they are administrative personell. And the primary goal of any administration is to grow, because it has no jsutification for its existence in the first place.

Judicial not product confusion (3, Interesting)

Alain Williams (2972) | more than 9 years ago | (#11942110)

At least there was no possibility of confusion between a chocolate site and the French Designer site.

But why does the chocolate company NEED the French site ? Yes, it has a name of their product, but there are limited meaningful/nice/... names that can be used but millions of businesses around the world - just 'cos you are big doesn't mean that you can lay claim to all uses of what happens to be the name of your product(s) - follow that to conclusion and we will run out of names quite quickly. Every town in the UK seems to have an ABC taxi company - no problem at all.

Why not try to stop the use of the name outside the shop ? Well, they would fail; it is just that the judges are sufficiently confused to think that 'E-space' is different from 'physical-space' that they come up with these stupid decisions.

Re:Judicial not product confusion (1)

NetNifty (796376) | more than 9 years ago | (#11942165)

Only thing I can think of is so that they can put the French language version of their site on the .fr domain - and maybe a French slashdotter would correct me on this, but I'm thinking that maybe french people go to www.$COMPANYNAME.fr by default, rather than the www.$COMPANYNAME.com that people seem to go to when guessing a company name in the uk and probably the US.

However, even then the damage is neglibable - I mean, if I'm looking for information about chocolate and (for example) I go to www.milke.fr looking for information about the chocolate manufacturer I'm not exactly going to suddenly go "Shit, I was looking for chocolate but I can only find a web site about a designer, I better buy some clothes and forget about that chocolate!", - I'd do the logical thing and either go to the .com site (where the company could put up a link to a french language version, which many other sites do), or search for the company on google.

Re:Judicial not product confusion (1)

belg4mit (152620) | more than 9 years ago | (#11942183)

Not a french /. but an american in FR and they do in fact try .com (besides it being the default built into various browsers). They also generlly don't happen to know that other US TLDs exist.

Re:Judicial not product confusion (1)

Vo0k (760020) | more than 9 years ago | (#11942255)

I'm not exactly going to suddenly go "Shit, I was looking for chocolate but I can only find a web site about a designer, I better buy some clothes and forget about that chocolate!"

But now, after seeing this story I'm absolutely convinced I'll buy chocolate of some other brand. No giving my money to surname thieves.

Re:Judicial not product confusion (1)

Eminence (225397) | more than 9 years ago | (#11942197)

  • just 'cos you are big doesn't mean that you can lay claim to all uses of what happens to be the name of your product(s)

Yes, it means exactly that. You can. As it was clearly demonstrated.

Re:Judicial not product confusion (4, Informative)

Raphael (18701) | more than 9 years ago | (#11942256)

But why does the chocolate company NEED the French site ?

In order to fill a gap in Europe?

Note that they don't have most of the nordic countries nor the new members of the EU. Hint: many of these domains are open for registration!

Most of these sites redirect to the corresponding Kraft Foods site for that country, or to the globak www.kraft.com [kraft.com] .

why didn't they register it before? (2, Insightful)

Dr.Opveter (806649) | more than 9 years ago | (#11942132)

Question is, why didn't Kraft register milka.fr if it was so important to them? Big companies should just register all big top level domains so you don't get this nonsense later.
And if they don't they shouldn't be surprised someone else (legitemately) registered it, i think she's entitled to keep it because it's her name and Kraft was too cheap to register it in the first place.

Re:why didn't they register it before? (1)

Pofy (471469) | more than 9 years ago | (#11942185)

>Big companies should just register all big top
>level domains so you don't get this nonsense
>later.

Out of curiosity, what would you say is the point in having all the different top level domains if each one is still assigned to the very same company???? Sort of defeats the purpose and need of them, would you not say?

from the you-must-give-up-your-milka dept. (2, Funny)

fr0dicus (641320) | more than 9 years ago | (#11942160)

Worst department name ever?

It's an outrage (5, Funny)

slushbat (777142) | more than 9 years ago | (#11942171)

Personally I don't think this judgement goes nearly far enough. How can she get away with such blatant infringement of their trademark. Fancy trying to pass herself off as a chocolate bar. I think she should be forced to change her name immediately.

Bad Taste And Good Chocolate (2, Interesting)

Beautyon (214567) | more than 9 years ago | (#11942173)

Kraft make very good chocolate

Ummmm, wtf?

Kraft dont even make food let alone 'good chocolate'.

This is what real chocolate looks like [google.com] ; and the taste, as compared to the garbage made by Hersheys, Kraft and the like is like the difference between, oh, how can we describe it to the unitiated /.rs who have never eaten real food...um, the difference between working with OS X and Windoze 1.0. There. Thats stark enough!

Re:Bad Taste And Good Chocolate (1)

slavemowgli (585321) | more than 9 years ago | (#11942209)

Côte d'Or (which belongs to Kraft) is nice enough, though, and Milka isn't that bad, either. The same goes for Marabou - they're not the best in the world, sure, but not so bad that you have to look down on them with a snotty attitude, either. :)

Boycott! (0)

Anonymous Coward | more than 9 years ago | (#11942192)

I boycotting milka chocolate from now on and I intend to send an e-mail (or possibly regular mail) to inform them of that.

Re:Boycott! (1, Insightful)

delta_avi_delta (813412) | more than 9 years ago | (#11942223)

Unfortunately, like people who boycott Nestle for noble reasons, I think Kraft are too big, to *everywhere* to notice. You probably buy a lot more of their products than you realise.

M*O*N*A*C*O (-1, Offtopic)

(3067) (867811) | more than 9 years ago | (#11942219)

Google's back !

Google have stopped putting placed ads in search results, and pretending that they're .. well.. search results.

Check out google, and notice how the e-tailers no longer fill the first few pages of results ! Check out the google advertising on slashdot to keep it quiet !

Check out the new improved google, all due to an AC posting on slashdot !

M*O*N*A*C*O

Translation: (5, Informative)

elgatozorbas (783538) | more than 9 years ago | (#11942224)

The French text says that Milka complained that the colours of her website looked too much like theirs. They did not negotiate, but gave her an ultimatum [to give the site to them, it becomes clear later].

At the moment their "friendly" solution is to pay for the costs of taking the domain milka.fr from the lady and offering her milkacouture.fr, which is useless to her, because her clients don't know it. She also does not understand why they complain, because she did not do them any damage. Milka claims there is a link between the ladies site and www.food.fr, whish sells pizzas in Valence.

She also says that her site will not lead away internetters who look for the chocolate company, because she only appears as 41th on search engines.

She concludes to say that KRAFT never wanted the best for both parties, and only wanted her to give up the domain name, and only after a struggle of 2 years they are prepared to reimburse her the costs she has made.

Registering in France (0)

Anonymous Coward | more than 9 years ago | (#11942226)

I've been using Gandi.net ever since they appeared on /. w/ their "you own the domain" clause. How's this affect my ownership? Can some French company lay claim to the domains that I am using if they just happen to have the same name trademarked? I mean I bought the "house" in France. Can some Frenchie take it because their name is above the door?

Similar case in italy last year (3, Informative)

RenatoRam (446720) | more than 9 years ago | (#11942229)

The owner of the armani.it domain, a stamp maker from Milan (if I remember correctly) was forced, after years of legal battle, to resign the domain to the fashion designer (Armani).

Search on google "timbrificio armani" if you are interested and you can read italian.

Damn straight (0, Troll)

RichardX (457979) | more than 9 years ago | (#11942238)

I think french designers should be forced to give up everything, just on principle.
Nothing against the french, mind. Just their designers. That bloody Jean Paul Galtier one needs to be the first to go. I mean, did you SEE The Fifth Element? I can never, ever get those minutes of my life back, man. That opera scene will be with me until the day I die.

Cursor text (1)

Vollernurd (232458) | more than 9 years ago | (#11942243)

Ack! Text-what-follows-the-pointy-thing! Gag. Buy her out, boys.
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