Lottery .mobi's

garrett200 · 04-20-2007, 12:22 PM

I have a state lottery in .mobi, and the .com is that state's official lottery website.

No TM on it, but I'm wondering since they have the .com, that they would be automatically entitled to the .mobi, or would they have to buy it from me? Or, could they force me go give it up for free even though there is no TM and "state" lottery is a generic term?

Any comments on this would be appreciated.

Jeff · 04-20-2007, 12:30 PM

All this is with the assumption that they'd even want the .MOBI domain name, IMHO.

Be sure to research thoroughly, as always, prior to approaching the .COM owners ... consult with an ™ attorney where necessary, as well.

Link: www.uspto.gov

Best of Luck.
-Jeff

garrett200 · 04-20-2007, 12:39 PM

Generally speaking, if a .com name is not TM'd, is one out of the woods as far as infringement? I would think yes from what I've researched, but I'm not a lawyer either.

GeoOwners · 04-20-2007, 03:44 PM

I think using it as .com gives them some rights.

.

garrett200 · 04-20-2007, 05:08 PM

It could get tricky, or not. Time will tell.

But, what if someone had mortgage.com, and someone else buys mortgage.mobi? Same thing, not trademarkable, so would the mortgage.mobi guy possibly be forced to relinquish to the mortgage.com owners?

Same thing could apply to travelagents.mobi, which is on auciton now. There is an established dot com with that name, and for a lot of these names we own.

panman · 04-20-2007, 05:28 PM

Interesting, in another thread the name mario.mobi could be trademarked, I don't know how, but that has happened. Ok different scenario here. Garrett 200, it this state lottery in YOUR state?, it might work against you if you are!. Just be mindful of these things too!

garrett200 · 04-21-2007, 12:29 AM

No, it's not in my state. And, from the research I've done, the name is not trademarked. If and when mobi goes, I'm 99% sure they'll come calling for the domain.

Just don't know if they'll come calling with a bag of cash or a bag of attorney papers!

04-20-2007, 12:22 PM	THREAD STARTER #1 (permalink)
garrett200 Senior Member Join Date: Apr 2007 Location: San Diego, California Posts: 2,310	Lottery .mobi's I have a state lottery in .mobi, and the .com is that state's official lottery website. No TM on it, but I'm wondering since they have the .com, that they would be automatically entitled to the .mobi, or would they have to buy it from me? Or, could they force me go give it up for free even though there is no TM and "state" lottery is a generic term? Any comments on this would be appreciated.

04-20-2007, 12:30 PM	#2 (permalink)
Jeff Emeritus Join Date: May 2003 Location: Winter Break© Posts: 29,508	All this is with the assumption that they'd even want the .MOBI domain name, IMHO. Be sure to research thoroughly, as always, prior to approaching the .COM owners ... consult with an ™ attorney where necessary, as well. Link: www.uspto.gov Best of Luck. -Jeff __________________ Be cool. Be polite. Be professional.™

04-20-2007, 03:44 PM	#4 (permalink)
GeoOwners Senior Member Join Date: Feb 2006 Location: Near Chicago Posts: 2,396	I think using it as .com gives them some rights. . __________________ Coming soon: Buying domains as a member of a group. PM me for info

04-20-2007, 05:28 PM	#6 (permalink)
panman NamePros Regular Join Date: Jan 2006 Location: Port Melbourne Posts: 350	Interesting, in another thread the name mario.mobi could be trademarked, I don't know how, but that has happened. Ok different scenario here. Garrett 200, it this state lottery in YOUR state?, it might work against you if you are!. Just be mindful of these things too! __________________ Fine Art Photography http://www.erwingroen.mobi

04-21-2007, 12:29 AM	THREAD STARTER #7 (permalink)
garrett200 Senior Member Join Date: Apr 2007 Location: San Diego, California Posts: 2,310	No, it's not in my state. And, from the research I've done, the name is not trademarked. If and when mobi goes, I'm 99% sure they'll come calling for the domain. Just don't know if they'll come calling with a bag of cash or a bag of attorney papers! Last edited by garrett200; 04-21-2007 at 03:16 AM.

04-20-2007, 12:39 PM	THREAD STARTER #3 (permalink)
garrett200 Senior Member Join Date: Apr 2007 Location: San Diego, California Posts: 2,310	Generally speaking, if a .com name is not TM'd, is one out of the woods as far as infringement? I would think yes from what I've researched, but I'm not a lawyer either.

04-20-2007, 05:08 PM	THREAD STARTER #5 (permalink)
garrett200 Senior Member Join Date: Apr 2007 Location: San Diego, California Posts: 2,310	It could get tricky, or not. Time will tell. But, what if someone had mortgage.com, and someone else buys mortgage.mobi? Same thing, not trademarkable, so would the mortgage.mobi guy possibly be forced to relinquish to the mortgage.com owners? Same thing could apply to travelagents.mobi, which is on auciton now. There is an established dot com with that name, and for a lot of these names we own.

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