Can a generic keyword .mobi that is trademarked be taken from you?

domaindigger · 01-21-2007, 01:31 PM

Say there's a company in Australia called "Envy" (a generic word) and you registered Envy.mobi. Will they have a winning case in the eyes of the WIPO/ICANN/Courts ? Can a generic word be trademarked and, if so, can it be contested successfully on an international extension? If not, are there any restrictions in terms of what you can do with the domain?

Thanks guys.

Just found this: http://www.dnjournal.com/legal/sl-genericdomains.htm

But I would still appreciate any input from very experienced domainers.

WeBuyThe.Com · 01-21-2007, 01:43 PM

Apple.com - A TM of Apple Inc.

ATL.tv · 01-21-2007, 01:45 PM

it depends on the nature of "envy's" business. if, for example, they are a kangaroo breeder, you're probably fine. however, if they have a mobile content based internet business, watch out.

italiandragon · 01-21-2007, 04:24 PM

I don`t think so because they had the sunrise to apply for it and unless you contact them trying to sell it...

advaita · 01-22-2007, 01:51 PM

This article might be useful digger

http://www.dnjournal.com/legal/bl-practicaltips.htm

Jeff · 01-22-2007, 01:59 PM

Quote:

Originally Posted by italiandragon

I don`t think so because they had the sunrise to apply for it and unless you contact them trying to sell it...

It is not always that simple ... "bad faith" can be exhibited (and subsequently, proven) in many different fashions, IMHO.

-Jeff

01-21-2007, 01:31 PM	#1 (permalink)
domaindigger NamePros Regular Join Date: Sep 2006 Posts: 304 0.00 NP$ (Donate)	Can a generic keyword .mobi that is trademarked be taken from you? Say there's a company in Australia called "Envy" (a generic word) and you registered Envy.mobi. Will they have a winning case in the eyes of the WIPO/ICANN/Courts ? Can a generic word be trademarked and, if so, can it be contested successfully on an international extension? If not, are there any restrictions in terms of what you can do with the domain? Thanks guys. Just found this: http://www.dnjournal.com/legal/sl-genericdomains.htm But I would still appreciate any input from very experienced domainers.

01-21-2007, 01:43 PM	#2 (permalink)
WeBuyThe.Com NamePros Member Join Date: May 2006 Location: NY Posts: 146 0.00 NP$ (Donate)	Apple.com - A TM of Apple Inc. __________________ Selling your domain name? Do you need FAST CASH NOW PM us with stats or AIM webuythedotcom

01-21-2007, 01:45 PM	#3 (permalink)
ATL.tv atl.tv Join Date: Dec 2005 Location: Atlanta Posts: 571 48.01 NP$ (Donate)	it depends on the nature of "envy's" business. if, for example, they are a kangaroo breeder, you're probably fine. however, if they have a mobile content based internet business, watch out. __________________ Internet Marketing at it's finest - SerpLeaders.com

01-22-2007, 01:51 PM	#5 (permalink)
advaita Senior Member Join Date: Jan 2007 Posts: 1,471 203.00 NP$ (Donate)	This article might be useful digger http://www.dnjournal.com/legal/bl-practicaltips.htm __________________ Make Money On the Internet * Warren Buffett Stocks and Shares Ebook Reader * Womens Handbags *** Best Gaming Laptops * Radley Bags * Digital Cameras

01-21-2007, 04:24 PM	#4 (permalink)
italiandragon NamePros Expert Join Date: Mar 2006 Location: AUSTRALIA Posts: 5,734 140.00 NP$ (Donate)	I don`t think so because they had the sunrise to apply for it and unless you contact them trying to sell it...

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