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question Unregistered Trademark. The death of domaining?

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The title doesn't do the question justice.

How can a domainer profit when all a potential buyer can do is claim "unregistered trademark" and then "Lanham act" because you reached out to them to try and sell the domain?

When I see keywords like

Lifi
Beacon
Bit
Coin
Virtual
Reit
Etf
Biometrics
Ripple
Ethereum
You
Cheap
Tube

And all the other niches mentioned on here.

It's standard operating procedure for any domainer to reach out to potential buyers who have similar keywords in their domain.

All those people have to do now is just cry cybersquatting and take the domains legally? Saying they have been using the mark first?
Without a trademark?

Not only do we have to worry about registered trademarks. Now we have to worry about non registered trademarks?

Is there any protection for the domainer?

Worst case scenario? You can register domains but you can't do outbounds? Just sit and wait?

This is very bad for domaining.

What does this mean to domainers?
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
I know you have posted some TM topics in the past as well, but I think you are a bit confused.
This stuff is not black & white and TM have classes.

There is a big difference between a TM and an enforceable TM when it comes to a generic use. You really think terms like "You", "Cheap", "Virtual", "Coin", etc. are protectable as stand alone generic terms, for the generic use?

95% of TM squatting is obvious. Just look at a list of UDRP filed. The vast majority are slam dunk cases.
Some fall into the grey area, which is a case by case basis.

I think you are grossly overestimating the actual risks.

Brad
 
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The following is my understanding of TM law. I am by no means an expert so please do not regard the following text as advice, I'm merely expressing my understanding of the matter.

Trademarks have classes for a reason. The same word or phrase can be trademarked multiple times by multiple parties all with different operating trademark classes.

I also believe trademarks are restricted to their jurisdiction (usually country). For example if you have a trademark registered in the UK it is only applicable to UK and not other countries.

Domain registrants who own a domain name whereby the keyword(s) are also a registered trademark only need to be concerned in anyway if any of the following statements are true:

  • The registrant created the domain name after the trademark had been filed or status is approved/live
  • The contents or website of said domain are that of the class or classes a TM operates under. So for example if I have a trademark for 'Chunky Cheese' and I sell cheese, you can't be operating under the name Chunky Cheese whilst also selling cheese, within the same jurisdiction.
  • If you have content of any kind conflicting with TM classes. This includes advertising, parked pages and such.
  • If you knowingly purchased the domain with the sole intention of profiting of the trademark or to sell directly to a trademark holder
If any of the above is true I think it could potentially be warranted as bad faith.

Let's expand upon the example above. If you happen to own ChunkyCheese.com and it doesn't resolve, but another party has a registered trademark, they can't automatically claim they have any right to said domain name. They need to prove you are somehow using the domain in bad faith first. If you're not then in majority of cases you have nothing to worry about.

Please note again that what I've written here is my personal understanding of the subject matter at hand. This is NOT advice. I am by no means a legal expert of any kind. I'm merely expressing my understanding.

I think @jberryhill and I'm sure others are likely to have way more knowledge than myself of TM law.

I too would appreciate others input on this.

Thanks
 
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The following is my understanding of TM law. I am by no means an expert so please do not regard the following text as advice, I'm merely expressing my understanding of the matter.

Trademarks have classes for a reason. The same word or phrase can be trademarked multiple times by multiple parties all with different operating trademark classes.

I also believe trademarks are restricted to their jurisdiction (usually country). For example if you have a trademark registered in the UK it is only applicable to UK and not other countries.

Domain registrants who own a domain name whereby the keyword(s) are also a registered trademark only need to be concerned in anyway if any of the following statements are true:

  • The registrant created the domain name after the trademark had been filed or status is approved/live
  • The contents or website of said domain are that of the class or classes a TM operates under. So for example if I have a trademark for 'Chunky Cheese' and I sell cheese, you can't be operating under the name Chunky Cheese whilst also selling cheese, within the same jurisdiction.
  • If you have content of any kind conflicting with TM classes. This includes advertising, parked pages and such.
  • If you knowingly purchased the domain with the sole intention of profiting of the trademark or to sell directly to a trademark holder
If any of the above is true I think it could potentially be warranted as bad faith.

Let's expand upon the example above. If you happen to own ChunkyCheese.com and it doesn't resolve, but another party has a registered trademark, they can't automatically claim they have any right to said domain name. They need to prove you are somehow using the domain in bad faith first. If you're not then in majority of cases you have nothing to worry about.

Please note again that what I've written here is my personal understanding of the subject matter at hand. This is NOT advice. I am by no means a legal expert of any kind. I'm merely expressing my understanding.

I think @jberryhill and I'm sure others are likely to have way more knowledge than myself of TM law.

I too would appreciate others input on this.

Thanks

Thanks . I have to add that the key to the unregistered trademark owners winning case would be if the domainer reached out (innocently or stupidly enough) to the perfect buyer.

I mean what domainer would not reach out to the perfect buyer for the domain they properly curated and chose to register for the sole purpose of selling to?

I mean isn't that what domainers should do? Register the outbound.

Please bear in mind I am talking about an unregistered trademark here not a registered one.
 
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sit and wait?
lol
sit and wait is what 95% of domainers do.
though mind you the 5% that do outbounding are pretty firm on it.. and go as far as to say that if you're not doing outbound then you ain't a domainer... so don't be like them lol

you can still be a domainer and not do outbound

your title is misleading mate.
there are 434343 threads on namepros in past 10 years that say domaining is death.. yet here we are...

maybe it should say "is outbound dead? maybe."

and yes I agree with you.. you do outbound.. you win some.. get few more sales.. but you expose yourself to stuff too... in the end, why its so hard to understand for people that if someone wants your name, they'll come and find you... the only requirement is a sale lander...

your other option (I mean in general not you) is to bug the living crap out of people via outbound.. including your fellow domainer friends from np... and then get tm letters next day.
 
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I know you have posted some TM topics in the past as well, but I think you are a bit confused.
This stuff is not black & white and TM have classes.

There is a big difference between a TM and an enforceable TM when it comes to a generic use. You really think terms like "You", "Cheap", "Virtual", "Coin", etc. are protectable as stand alone generic terms, for the generic use?

95% of TM squatting is obvious. Just look at a list of UDRP filed. The vast majority are slam dunk cases.
Some fall into the grey area, which is a case by case basis.

I think you are grossly overestimating the actual risks.

Brad


Thanks Brad believe me Brad . As someone who has surrendered several domains to TM holders. Plus as someone who actually registered a trademark myself for my company. I know about the goods and services.

What triggered me posting this domain?

Recently registered an exact match address like

123broadway.com (for example)

I read an article somewhere they will build something expensive on it.

Reached out. Waited. Now I get sent threatening email to surrender domains?

Trademarks are hands off now unregistered trademarks too?

This is why I say domaining is dead.

I'm sure I'm not the only one on here that's done a "run and gun" when some new hot key term pops up like VR or Bitcoin or whatever.

If all a buyer has to do is cry cybersquatting because you tried to sell them a domain that contains keywords that they have in their LLC or are an exact match for the address of their development or in their domain.

What hope is there for the domainer? We will all just end up surrendering domains left and right because the risk of losing a lawsuit is too great.


And if you can't do outbounds for risk of getting sued for cybersquatting for profit then again what hope is there?

Might as well pack up and close up shop. Because buyers have figured out how to get our domains for free.
 
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Thanks . I have to add that the key to the unregistered trademark owners winning case would be if the domainer reached out (innocently or stupidly enough) to the perfect buyer.

I mean what domainer would not reach out to the perfect buyer for the domain they properly curated and chose to register for the sole purpose of selling to?

I mean isn't that what domainers should do? Register the outbound.

Please bear in mind I am talking about an unregistered trademark here not a registered one.

I agree with @bmugford. I think you're being overly cautious for little reason. I come across many posts like this on here or something along the lines of "your name banana.com is trademarked! Grace delete it now!". It really isn't as simple as that at all.

I'm by no means an expert, but again I must reiterate that in my opinion trademark holders don't have an automatic right to a domain name.
 
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L
You've started threads before on this same topic and J. Berryhill offered you a reality check. Yet you come back for more.

https://www.namepros.com/threads/has-anyone-ever-contacted-tm-holder-to-sell.1129623/

Frankly, the title of your thread is just more clickbait bullsh*t. But don't feel bad, clickbait has been trending on NP for some time now.

This is all true but I will say let he or she who has NEVER registered a TM issue domain whether on purpose or accident cast the first stone.

Yes I have posted threads before. About TM issue domains before but I think most have minute differences here and there.

You can't just collect ever TM issue thread I've written and roll them up in one ball and call it all the same thing .

But I have bad memory so correct me if I'm wrong and I'll stand corrected.

Thanks.
 
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@bmugford wanted to comment on the below.
"There is a big difference between a TM and an enforceable TM when it comes to a generic use. You really think terms like "You", "Cheap", "Virtual", "Coin", etc. are protectable as stand alone generic terms, for the generic use?"

You are absolutely correct! Such words should not be protectable.

But our opinions about it don't mean nothing when up against someone who is pissed that you own a domain they want and need but now they have to pay $5,000 for it.

It costs them nothing to hire some hot shot lawyer to threaten you.

At least as far as I know. When faced with a reasonable threat like that plus lack of TM law knowledge what choice does a tiny domainer have?

What? Go Rambo and tell them "See you in court!"

It's like a game of chicken to see who flinches first.

I'm sure 9 times outta 10 domainer just hands over the domain. Why? Because there is a 50/50 chance of winning or losing.

I wonder how many domains have been lost like this?
 
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When faced with a reasonable threat like that plus lack of TM law knowledge what choice does a tiny domainer have?
It costs them nothing to hire some hot shot lawyer to threaten you.
Since 'you' always seem to be in or have some kind of TM drama quagmire with the domains you reg, why not do the same and defend yourself and your domains? (it costs 'nothing'!)

or..

Stop regging TM names. There's plenty of other types of domains to reg and sales to be had.

or..

Start another thread in a few weeks complaining (once again), about your issues with TM domains. :xf.rolleyes:
 
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Thanks Brad believe me Brad . As someone who has surrendered several domains to TM holders. Plus as someone who actually registered a trademark myself for my company. I know about the goods and services.

What triggered me posting this domain?

Recently registered an exact match address like

123broadway.com (for example)

I read an article somewhere they will build something expensive on it.

Reached out. Waited. Now I get sent threatening email to surrender domains?

Trademarks are hands off now unregistered trademarks too?

This is why I say domaining is dead.

I'm sure I'm not the only one on here that's done a "run and gun" when some new hot key term pops up like VR or Bitcoin or whatever.

If all a buyer has to do is cry cybersquatting because you tried to sell them a domain that contains keywords that they have in their LLC or are an exact match for the address of their development or in their domain.

What hope is there for the domainer? We will all just end up surrendering domains left and right because the risk of losing a lawsuit is too great.


And if you can't do outbounds for risk of getting sued for cybersquatting for profit then again what hope is there?

Might as well pack up and close up shop. Because buyers have figured out how to get our domains for free.
Okay, but... if you're registering 123Broadway.com and then trying to sell it to 123 Broadway... you're kind of asking for it. No?

I've been doing pretty steady outbound for close to three years now, and the worst response I ever got was, "I don't like the idea of paying someone a lot of money for a domain name." But I stick to generic names of goods and services when I'm doing outbound.

If you want to avoid conflict, avoid marketing conflicting names.
 
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Why not spend just a few of those hours that you spend searching and registering domains getting to grips with the 'Basics' of TM Law, It all makes for reasonably common sense. Besides, there's plenty of businesses out there that themselves don't have much of a clue about what their protection rights are and are just as likely to over-reach on that afforded protection.

Why play a game if you haven't much of a clue about the rules (analogy)
 
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Why play a game if you haven't much of a clue about the rules

Now there's a good question.

I don't have time to give Avtar a personal course in trademarks. Then again, I'm not an expert in bird identification. Fortunately, one doesn't need to be an expert in bird identification to get a reliable idea of whether one might be looking at a penguin or a peacock, since they are easy to tell apart. The expertise comes in when it is a more difficult problem. So, if you don't know the difference between, say, a crow and a raven, then stick to penguins and peacocks.

But don't spend your time complaining, "Ravens and crows are both medium sized black birds! How can anyone tell the birds apart! This is madness!"

What I suggested to you earlier, and what you seem resistant to wrapping your head around despite probably hundreds of posts I've written on the subject here at namepros, is that you need to forget what you think you know about trademarks, and come to grips with a basic understanding of what a trademark is. You can click on the link in my signature here and it will lead you to - literally - hundreds of legal cases in which I represented a domain name owner (and the occasional trade mark owner) in a dispute. Many of those were cases in which a common law mark was asserted. So, please, just because a concept is new to you, does not make it either new or the "death of domaining".

But what do I know, right? I'm just a guy who studied this stuff for a long time, and has been exclusively working in intellectual property matters since 1992, and then fairly exclusively in domain/trademark matters since 1998. Feel free to ignore me and believe whatever suits you.

Trademarks are hands off now unregistered trademarks too?

I don't know what "now" is doing in your sentence. Common law trademark rights are certainly enforceable. Again, your basic problem arises from not having ever reflected on what a trademark is. In the US and other common law jurisdictions, a "trademark" does not come about from applying to a government office for a certificate.

A trademark arises from the use of a word/symbol/logo/whatever in commerce on goods or services which provides the function of distinguishing those goods or services from those of others in the relevant market for those goods or services. If you want to, you can then go obtain registration of that trademark, which makes it easier to prove certain elements of a claim if you want to sue someone. In the US, if you sue someone for trademark infringement using a common law mark, you first have to prove that you have a valid trademark, and that the other side knew about it. If you have registered your mark, then the registration serves as presumptive evidence of the validity and ownership of the mark. Registration also provides 'constructive notice' of the mark, as your competitor is deemed to have known about the registration. So, registration provides a lot of advantages.

What registration doesn't do, and never has done, is establish a trademark in the first place. That's been your primary mental block for, gosh, as long as you've been posting nonsense here.

So, let's take your street address example.

There is an interesting building in New York City at 20 West 34th Street. Now, "20 West 34th Street" is of course a street address, and that's pretty much all it is. I'm pretty sure that, so far, you have no idea what is at 20 West 34th Street. Neither did I until a few moments ago.

However, the building at 20 West 34th Street is a very famous building, with a very well-known name, owned by a private company which provides leasing and other services that it advertises using the name of that very famous building. You probably have no idea at all what is at "20 West 34th Street", but I guarantee you have heard of the famous building, the name of which is certainly used as a trademark.

In that example, "20 West 34th Street" is merely a street address, with no particular significance to anyone. It is not used as the name of the building. It is not used in advertising promoting the building, the leasing services, or indeed the tourist attraction which is heavily promoted as the "Empire State Building".

Word Mark EMPIRE STATE BUILDING
Goods and Services IC 036. US 100 101 102. G & S: REAL ESTATE SERVICES, NAMELY THE MANAGEMENT AND LEASING OF REAL ESTATE. FIRST USE: 19310501. FIRST USE IN COMMERCE: 19310501
Registration Number 2413667
Registration Date December 19, 2000

Now, there are a couple of things worth noting. Since you've probably read virtually none of the hundreds of posts I've written here, one important thing to note is that they claim to be the successors of people who have been at it since 1931. One of the things that helps make a trademark distinctive is how long the mark has been predominately associated with a particular source of the goods or services. So, something like "American Airlines" which is American, and an airline, has become distinctive since they too have been at it since the 1930's.

Okay, so, let's take a stroll uptown from the Empire State Building and consider something like 30 Rockefeller Plaza.

30 Rockefeller Plaza doesn't have another name, but is frequently shortened to:

MV5BMTQ4NDQ4OTUzOV5BMl5BanBnXkFtZTcwMjMzMTUyNw@@._V1_UY268_CR12,0,182,268_AL_.jpg


As "30 Rock", it is well known as the headquarters of NBC, and was used as the name of a TV series spinoff from Saturday Night Live. It was a TM for the series title, for sure, and may well be used by the building management as one.

Another example is the building where my former firm is located. I used to work at 1601 Market Street in Philadelphia. It's across the street from an office/condo/shopping complex and tower called "Liberty Place". Now, "Liberty Place" is certainly used by the folks across the street as a mark for their various services, but what about 1601 Market?

Well, okay, spend a minute (since I sure am) taking a look at this website, and tell me what you think:

http://1601-marketstreet.com/

Let that front page load and what do you see? Would you say that "1601 Market Street" is used:

(a) merely as an address to indicate where the building is located, or
(b) as an indicator of the brand of leasing services available?

If you have a hard time choosing between (a) and (b) there, then do yourself a favor and find another hobby. Perhaps birdwatching might suit you better.

And if all this is "TL;DR" for you, then stop asking impulsive questions if you don't want answers.
 
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Lifi
Beacon
Bit
Coin
Virtual
Reit
Etf
Biometrics
Ripple
Ethereum
You
Cheap
Tube

Here's a good exercise in separating penguins from the other birds.

If you remember the Sesame Street game of "one of these things is not like the others", have a look at that list. As a very rough cut, one of those things is not like the others. Do you know which one it is?

For those unfamiliar with the game, it is played like this:


One of the things on that list is completely unlike the other things on the list in a very important way. If it is not obvious to you, stop domaining.
 
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Here's a good exercise in separating penguins from the other birds.

If you remember the Sesame Street game of "one of these things is not like the others", have a look at that list. As a very rough cut, one of those things is not like the others. Do you know which one it is?

For those unfamiliar with the game, it is played like this:


One of the things on that list is completely unlike the other things on the list in a very important way. If it is not obvious to you, stop domaining.


I can't tell please help


maybe
Ethereum
guess thats a TM

or
Beacon ?

or

Biometrics
as its the longest


no idea

----

I got it
Ethereum

its no dictionary word

right?
 
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Nailed it, Frank.

All of the others have some kind of non-specific meaning in a trade sense.

Even something like "ETH" has multiple meanings:

https://www.acronymfinder.com/ETH.html

...including things for which it is a generic indicator.

And "lifi" is obviously not associated with a single vendor of products using light for computer networking, as a simple Google search shows.

Now, that's not really about whether "Ethereum" is, or is not, a trademark. But as a first pass, "is this more likely to be a penguin or a peacock" kind of question, an initial important observation is that it is not a dictionary word or a common acronym, but it is an invented word used by its creator to refer to one thing in particular.

And, again, that's not to get into issues of whether it is a trademark, whether there is some sort of fair use, or implied intention for others to make nominative use, and all sorts of complicated theories that one can get into. But from a very rough-cut "I'm not too sure about trademark laws, but that name stands out from the others as 'different' in a way that might be significant", that's exactly the kind of observation a domainer should get skilled at making.

I'll say a little more about ETH, though. As Frank probably knows, ETH is a very well-regarded technical university in Switzerland. So, if someone wanted to register ETH.tld, then it would be important to make sure that the domain name was parked in association with one of the meanings of ETH as a generic acronym (i.e. a short indicator for 'ethernet'), or pitched for sale as a "three letter domain name" per se, to avoid any potential for confusion with the university in Switzerland.

Another thing that can matter is that if the registrant lived in Zurich and had a technical degree, it could be a very different circumstance than if the registrant is a chef in Chicago. A UDRP panel might infer that a technical graduate in Zurich is more likely to know about ETH the school, than someone with no reason to know. All the facts matter in these things.
 
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It's standard operating procedure for any domainer to reach out to potential buyers who have similar keywords in their domain.

that is not my sop.net

imo….
 
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Now there's a good question.

I don't have time to give Avtar a personal course in trademarks. Then again, I'm not an expert in bird identification. Fortunately, one doesn't need to be an expert in bird identification to get a reliable idea of whether one might be looking at a penguin or a peacock, since they are easy to tell apart. The expertise comes in when it is a more difficult problem. So, if you don't know the difference between, say, a crow and a raven, then stick to penguins and peacocks.

But don't spend your time complaining, "Ravens and crows are both medium sized black birds! How can anyone tell the birds apart! This is madness!"

What I suggested to you earlier, and what you seem resistant to wrapping your head around despite probably hundreds of posts I've written on the subject here at namepros, is that you need to forget what you think you know about trademarks, and come to grips with a basic understanding of what a trademark is. You can click on the link in my signature here and it will lead you to - literally - hundreds of legal cases in which I represented a domain name owner (and the occasional trade mark owner) in a dispute. Many of those were cases in which a common law mark was asserted. So, please, just because a concept is new to you, does not make it either new or the "death of domaining".

But what do I know, right? I'm just a guy who studied this stuff for a long time, and has been exclusively working in intellectual property matters since 1992, and then fairly exclusively in domain/trademark matters since 1998. Feel free to ignore me and believe whatever suits you.



I don't know what "now" is doing in your sentence. Common law trademark rights are certainly enforceable. Again, your basic problem arises from not having ever reflected on what a trademark is. In the US and other common law jurisdictions, a "trademark" does not come about from applying to a government office for a certificate.

A trademark arises from the use of a word/symbol/logo/whatever in commerce on goods or services which provides the function of distinguishing those goods or services from those of others in the relevant market for those goods or services. If you want to, you can then go obtain registration of that trademark, which makes it easier to prove certain elements of a claim if you want to sue someone. In the US, if you sue someone for trademark infringement using a common law mark, you first have to prove that you have a valid trademark, and that the other side knew about it. If you have registered your mark, then the registration serves as presumptive evidence of the validity and ownership of the mark. Registration also provides 'constructive notice' of the mark, as your competitor is deemed to have known about the registration. So, registration provides a lot of advantages.

What registration doesn't do, and never has done, is establish a trademark in the first place. That's been your primary mental block for, gosh, as long as you've been posting nonsense here.

So, let's take your street address example.

There is an interesting building in New York City at 20 West 34th Street. Now, "20 West 34th Street" is of course a street address, and that's pretty much all it is. I'm pretty sure that, so far, you have no idea what is at 20 West 34th Street. Neither did I until a few moments ago.

However, the building at 20 West 34th Street is a very famous building, with a very well-known name, owned by a private company which provides leasing and other services that it advertises using the name of that very famous building. You probably have no idea at all what is at "20 West 34th Street", but I guarantee you have heard of the famous building, the name of which is certainly used as a trademark.

In that example, "20 West 34th Street" is merely a street address, with no particular significance to anyone. It is not used as the name of the building. It is not used in advertising promoting the building, the leasing services, or indeed the tourist attraction which is heavily promoted as the "Empire State Building".

Word Mark EMPIRE STATE BUILDING
Goods and Services IC 036. US 100 101 102. G & S: REAL ESTATE SERVICES, NAMELY THE MANAGEMENT AND LEASING OF REAL ESTATE. FIRST USE: 19310501. FIRST USE IN COMMERCE: 19310501
Registration Number 2413667
Registration Date December 19, 2000

Now, there are a couple of things worth noting. Since you've probably read virtually none of the hundreds of posts I've written here, one important thing to note is that they claim to be the successors of people who have been at it since 1931. One of the things that helps make a trademark distinctive is how long the mark has been predominately associated with a particular source of the goods or services. So, something like "American Airlines" which is American, and an airline, has become distinctive since they too have been at it since the 1930's.

Okay, so, let's take a stroll uptown from the Empire State Building and consider something like 30 Rockefeller Plaza.

30 Rockefeller Plaza doesn't have another name, but is frequently shortened to:

MV5BMTQ4NDQ4OTUzOV5BMl5BanBnXkFtZTcwMjMzMTUyNw@@._V1_UY268_CR12,0,182,268_AL_.jpg


As "30 Rock", it is well known as the headquarters of NBC, and was used as the name of a TV series spinoff from Saturday Night Live. It was a TM for the series title, for sure, and may well be used by the building management as one.

Another example is the building where my former firm is located. I used to work at 1601 Market Street in Philadelphia. It's across the street from an office/condo/shopping complex and tower called "Liberty Place". Now, "Liberty Place" is certainly used by the folks across the street as a mark for their various services, but what about 1601 Market?

Well, okay, spend a minute (since I sure am) taking a look at this website, and tell me what you think:

http://1601-marketstreet.com/

Let that front page load and what do you see? Would you say that "1601 Market Street" is used:

(a) merely as an address to indicate where the building is located, or
(b) as an indicator of the brand of leasing services available?

If you have a hard time choosing between (a) and (b) there, then do yourself a favor and find another hobby. Perhaps birdwatching might suit you better.

And if all this is "TL;DR" for you, then stop asking impulsive questions if you don't want answers.
Since we're talking about specific addresses now. At the risk of sounding like "well they jumped off a cliff so will I".

There's two addresses that got me into address registration.

11BeachSt.com seems to be owned by MediaTemple.net not by developer.

But this wasn't reg recently.

And then there is 60water.com owned by Rode advertising. They also own 325lex.com

Both agencies seem to provide a complete package. Domain hosting webdesign.

Wouldn't these agencies be liable for TM infringement?

As far as my current thread. Can a domainer's defense be that the address exists in other states?

I'm going to mention this.


An unregistered trademark is a mark that has not been registered at the U.S. Patent andTrademark Office (or at any of the statetrademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.

My focus now is on "within the geographic areas in which they operate."

If it can be proven that 123main.com exists in every state in USA is that a defense?

Or is mere act of reaching out un- defendable? C

lts for Rode advertising
==============

There are 141 domains that matched this search query.
These are listed below:

Domain Name Creation Date Registrar
10lennox.com 2018-04-18 GODADDY.COM, LLC
10lenox.com 2018-04-18 GODADDY.COM, LLC
10lenoxcentralpark.com 2018-04-18 GODADDY.COM, LLC
10lenoxcondos.com 2018-04-18 GODADDY.COM, LLC
10lenoxresidences.com 2018-04-18 GODADDY.COM, LLC
222e44.com 2016-04-05 GODADDY.COM, LLC
222e44th.com 2016-04-05 GODADDY.COM, LLC
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30lincoln.nyc 2014-10-08 GO CHINA DOMAINS INC
325condominiums.com 2014-04-23 GODADDY.COM, LLC
325condos.com 2014-04-23 GODADDY.COM, LLC
325lex.com 2013-10-22 GODADDY.COM, LLC
325lexave.com 2013-10-22 GODADDY.COM, LLC
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325lexingtoncondominiums.com 2014-04-23 GODADDY.COM, LLC
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325lexnyc.com 2013-10-22 GODADDY.COM, LLC
42hotel.com 2018-02-16 GODADDY.COM, LLC
42hotelbrooklyn.com 2018-02-16 GODADDY.COM, LLC
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50w23rdflatiron.com 2014-07-23 GODADDY.COM, LLC
60waterst.com 2014-06-10 GODADDY.COM, LLC
75kenmare.com 2015-11-24 GODADDY.COM, LLC
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courtneyhouse.nyc 2014-10-08 GO MONTENEGRO DOMAINS, LLC
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libertyluxegreen.nyc 2014-10-08 GO CHINA DOMAINS INC
libertyresidences.nyc 2014-10-08 GO CHINA DOMAINS INC
libertyview.nyc 2014-10-08 BLUE RAZOR DOMAINS, INC.
liveatstuart.com 2016-07-12 GODADDY.COM, LLC
liveatstuart.net 2016-07-21 GODADDY.COM, LLC
liveatsummitnyc.com 2016-10-06 GODADDY.COM, LLC
liveindumbo.com 2014-06-10 GODADDY.COM, LLC
lunalic.com 2015-03-23 GODADDY.COM, LLC
metropolitanbronxville.com 2014-04-14 GODADDY.COM, LLC
metropolitanbronxvillelofts.com 2014-04-14 GODADDY.COM, LLC
metropolitanloftsny.com 2014-04-14 GODADDY.COM, LLC
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milford.nyc 2014-10-08 GO CANADA DOMAINS INC
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milfordrental.nyc 2014-10-08 WILD WEST DOMAINS, INC.
milfordrentals.nyc 2014-10-08 GODADDY.COM, INC.
milstein.nyc 2014-10-08 GODADDY.COM, INC.
milsteinproperties.nyc 2014-10-08 GO FRANCE DOMAINS INC
milsteinrental.com 2015-05-19 GODADDY.COM, LLC
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no75kenmare.com 2016-03-22 GODADDY.COM, LLC
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rentexhibitnyc.com 2014-08-12 GODADDY.COM, LLC
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rode.nyc 2014-11-04 NAME.COM, INC.
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seventyfivekenmare.com 2015-11-24 GODADDY.COM, LLC
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stuartcondominium.com 2016-07-11 GODADDY.COM, LLC
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summitrentals.nyc 2016-10-06 GODADDY.COM, INC.
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tenlennox.com 2018-04-18 GODADDY.COM, LLC
theboulevardmiami.com 2018-03-13 GODADDY.COM, LLC
theexhibitrentals.com 2014-08-12 GODADDY.COM, LLC
thehaydencourtsquare.com 2015-10-23 GODADDY.COM, LLC
thehaydenlic.com 2014-08-22 GODADDY.COM, LLC
thehaydenrentals.com 2015-04-16 GODADDY.COM, LLC
thehighgate.nyc 2014-10-08 WILD WEST DOMAINS, INC.
thekenmare.nyc 2015-12-09 GODADDY.COM, INC.
thekenmarenolita.com 2015-12-09 GODADDY.COM, LLC
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theloftsinwestchester.com 2014-04-16 GODADDY.COM, LLC
themetropolitanbronxvillelofts.com 2014-04-14 GODADDY.COM, LLC
themuse86.com 2017-11-21 GODADDY.COM, LLC
thepearsonlic.com 2013-12-31 GODADDY.COM, LLC
thequaytower.com 2017-09-15 GODADDY.COM, LLC
theresidencesatoceanave.com 2017-04-13 GODADDY.COM, LLC
theresidencesatoceanavenue.com 2017-04-13 GODADDY.COM, LLC
thesummitnyc.com 2016-01-20 GODADDY.COM, LLC
thewestchesterlofts.com 2014-04-16 GODADDY.COM, LLC
thewinstoncondominium.com 2015-01-22 GODADDY.COM, LLC
thewinstonliving.com 2015-01-22 GODADDY.COM, LLC
thewinstonnomad.com 2015-01-22 GODADDY.COM, LLC
thewinstonnyc.com 2015-01-22 GODADDY.COM, LLC
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thewinstonon31st.com 2015-01-22 GODADDY.COM, LLC
thirtyfirstwinston.com 2015-01-22 GODADDY.COM, LLC
w23rdflatiron.com 2014-07-23 GODADDY.COM, LLC





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Reverse Whois results for Coldwell banker residential brokerage
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There are 1,174 domains that matched this search query.
The first 500 of these are listed below

Domain Name Creation Date Registrar
100somerwynd.com 2013-05-17 ENOM, INC.
1016sequoia.com 2016-07-05 GODADDY.COM, LLC
101fairoakrd.com 2013-04-12 ENOM, INC.
101osgoodroad.com 2018-03-20 ENOM, INC.
102berkeleydr.com 2014-07-01 ENOM, INC.
10417eastborne.com 2017-03-17 GODADDY.COM, LLC
1056pearl.com 2017-05-31 GODADDY.COM, LLC
105southstreetbarre.com 2017-04-13 ENOM, INC.
105woodley.info 2018-07-11 GODADDY.COM, LLC
106-4th.com 2018-08-21 GODADDY.COM, LLC
1070moffett.com 2018-10-03 GODADDY.COM, LLC
1075hill.info 2018-07-11 GODADDY.COM, LLC
107ravenwood.com 2018-02-13 GODADDY.COM, LLC
1084callelastrancas.com 2019-02-25 GODADDY.COM, LLC
108pleasant.com 2016-06-03 GODADDY.COM, LLC
1093halladayave.com 2014-02-26 ENOM, INC.
10ayreshirect.com 2014-02-21 ENOM, INC.
10carlisle.com 2015-01-30 ENOM, INC.
10eastshore.com 2014-03-31 ENOM, INC.
10fairhillln.com 2013-10-23 ENOM, INC.
10stepguidehomebuying.com 2018-04-05 GODADDY.COM, LLC
10stepguidesellingproperty.com 2018-04-05 GODADDY.COM, LLC
10thaveduplex.com 2016-07-27 GODADDY.COM, LLC
10thaveduplex.net 2016-07-27 GODADDY.COM, LLC
110glenwood.info 2018-06-12 GODADDY.COM, LLC
110spring.com 2017-04-10 ENOM, INC.
1115th.info 2018-08-29 GODADDY.COM, LLC
1130romona.info 2018-09-27 GODADDY.COM, LLC
1131lakeheron.com 2018-09-10 GODADDY.COM, LLC
1132westadams5w.info 2018-05-17 GODADDY.COM, LLC
11402fortinopoint.info 2019-04-11 GODADDY.COM, LLC
114broadleaf.com 2016-04-03 ENOM, INC.
1155cleveland.com 2016-05-14 GODADDY.COM, LLC
1155clevelandst.com 2016-05-16 GODADDY.COM, LLC
1172ngrand.com 2016-10-03 ENOM, INC.
11frewterrace.com 2013-08-16 ENOM, INC.
11quail.com 2016-05-06 ENOM, INC.
11ronaldave.com 2019-03-13 GODADDY.COM, LLC
11stonehousecourt.com 2019-04-11 GODADDY.COM, LLC
1218camusct.com 2018-04-16 GODADDY.COM, LLC
1218ngrandst.com 2015-04-02 ENOM, INC.
121bridgest.com 2015-10-20 ENOM, INC.
1220rhus.com 2019-02-15 GODADDY.COM, LLC
1227gemini.com 2018-05-22 GODADDY.COM, LLC
122greenwood.com 2018-05-26 GODADDY.COM, LLC
1234samplevideo.com 2017-02-27 ENOM, INC.
1236asbury.info 2010-01-22 GODADDY.COM, LLC
123sheridan.info 2018-05-30 GODADDY.COM, LLC
1240lindenwood.info 2018-09-27 GODADDY.COM, LLC
12416saintjames.com 2018-07-04 GODADDY.COM, LLC
1252rosita.com 2016-09-09 GODADDY.COM, LLC
1254oak.com 2017-06-28 GODADDY.COM, LLC
128windsongisland.com 2013-04-28 GODADDY.COM, LLC
129northgrand.com 2016-05-14 ENOM, INC.
129w3rdave.com 2017-09-26 ENOM, INC.
12mayburyroad.com 2013-09-04 ENOM, INC.
12rawlinsbrook.com 2016-06-16 ENOM, INC.
12tipstotopdollar.info 2017-11-02 GODADDY.COM, LLC
12woodshollow.com 2013-05-11 ENOM, INC.
1343montevideo.com 2019-01-24 GODADDY.COM, LLC
1347north.com 2016-02-04 ENOM, INC.
134unionave.com 2018-06-11 GODADDY.COM, LLC
134uniontour.com 2018-06-11 GODADDY.COM, LLC
1354sprucest.com 2013-05-18 ENOM, INC.
1356crestdr.com 2014-04-09 ENOM, INC.
1363hackberry.info 2018-05-30 GODADDY.COM, LLC
1365moyer.com 2017-11-18 GODADDY.COM, LLC
13daventryhill.com 2013-07-23 ENOM, INC.
141silvercreekdr.com 2013-10-07 ENOM, INC.
1436sunnyside.info 2018-05-16 GODADDY.COM, LLC
14daniel.com 2017-01-02 ENOM, INC.
14melody.com 2015-12-03 ENOM, INC.
15039cardinpl.com 2017-08-16 ENOM, INC.
1524haliacourt.com 2017-02-23 GODADDY.COM, LLC
1563north.com 2015-01-05 ENOM, INC.
158littleton.com 2016-10-04 ENOM, INC.
15devine.com 2015-05-15 ENOM, INC.
15durham.com 2018-09-29 GODADDY.COM, LLC
15oxford.com 2016-05-17 ENOM, INC.
15richmond.com 2017-08-11 GODADDY.COM, LLC
1620mapleton.com 2017-02-09 ENOM, INC.
162grovest.com 2013-05-01 ENOM, INC.
16422ramadadrive.com 2019-02-21 GODADDY.COM, LLC
164brookfieldlane.com 2014-01-02 ENOM, INC.
164pinney.com 2015-06-15 ENOM, INC.
1658memorial.com 2015-05-19 ENOM, INC.
1660torreypines.com 2016-06-20 GODADDY.COM, LLC
1660torreypines.com 2016-06-20 GODADDY.COM, LLC
16collinsroad.com 2017-08-15 ENOM, INC.
16oldefarmrd.com 2014-04-06 ENOM, INC.
16seymour5e.com 2017-04-12 ENOM, INC.
1722hillst.com 2013-04-11 ENOM, INC.
17430abbeylane.com 2019-02-26 GODADDY.COM, LLC
1783parrott.com 2018-02-21 GODADDY.COM, LLC
17greenview.com 2015-05-18 ENOM, INC.
1812oak.com 2017-02-23 GODADDY.COM, LLC
1820horsemanslane.com 2019-02-08 GODADDY.COM, LLC
1850crescent.info 2018-06-18 GODADDY.COM, LLC
185mountainlaurel.com 2016-02-25 ENOM, INC.
188gardenstreet.com 2008-11-24 REGISTER.COM, INC.
18claycreek.com 2013-06-26 ENOM, INC.
18magnoliadr.com 2013-07-24 ENOM, INC.
18stonybrookdr.com 2014-05-07 ENOM, INC.
18suffield.com 2017-03-28 ENOM, INC.
191spencerst.com 2013-08-01 ENOM, INC.
193silverst.com 2016-12-10 ENOM, INC.
199silverst.com 2016-12-10 ENOM, INC.
19pheasantln.com 2014-04-01 ENOM, INC.
1farmstead.com 2017-01-26 ENOM, INC.
1pheasanthilldr.com 2013-07-25 ENOM, INC.
1quaillane.com 2013-08-28 ENOM, INC.
1roanokeave.com 2019-03-13 GODADDY.COM, LLC
2006thornwoodavenue.info 2018-09-27 GODADDY.COM, LLC
200crosbyroad.com 2017-05-01 ENOM, INC.
2013robincrest.info 2018-09-27 GODADDY.COM, LLC
202marinda.com 2018-02-08 GODADDY.COM, LLC
2034dublin.com 2018-04-19 GODADDY.COM, LLC
2045shoreview.com 2017-11-27 GODADDY.COM, LLC
205aderleyoak.com 2017-06-21 GODADDY.COM, LLC
206sunnyfield.com 2017-03-11 ENOM, INC.
20cfolkstone.com 2017-02-22 ENOM, INC.
20pleasantview.com 2017-03-31 ENOM, INC.
21055viacoronado.com 2018-10-15 GODADDY.COM, LLC
211hobart.com 2016-05-16 GODADDY.COM, LLC
2134chestnut.info 2010-01-29 GODADDY.COM, LLC
21conservation.com 2015-10-09 ENOM, INC.
21countryln.com 2013-12-12 ENOM, INC.
21lise.com 2015-11-09 ENOM, INC.
21southmainstreet.com 2018-05-21 ENOM, INC.
2200mountain.com 2017-03-24 ENOM, INC.
220autumnchasedrive.com 2018-04-30 GODADDY.COM, LLC
222hobart.com 2016-05-16 GODADDY.COM, LLC
22425missionhillsln.com 2018-11-26 GODADDY.COM, LLC
22560greenmountpl.com 2018-03-08 GODADDY.COM, LLC
230fairhillln.com 2014-05-13 ENOM, INC.
23275azela.com 2018-10-15 GODADDY.COM, LLC
233nstone.com 2014-03-22 ENOM, INC.
2342sunnypoint.com 2018-08-07 GODADDY.COM, LLC
2385kenwoodave.com 2017-05-17 GODADDY.COM, LLC
23harrisfarmroad.com 2017-02-21 ENOM, INC.
2406pomona.info 2018-05-15 GODADDY.COM, LLC
2425snorfolk.com 2017-10-20 GODADDY.COM, LLC
2457westirvingpark.info 2018-08-01 GODADDY.COM, LLC
246gallantry.com 2016-07-13 GODADDY.COM, LLC
249newark.com 2017-12-13 GODADDY.COM, LLC
24kennedy.com 2015-05-15 ENOM, INC.
24w5th.com 2016-10-17 GODADDY.COM, LLC
25-grant.com 2018-09-02 GODADDY.COM, LLC
2502monserat.com 2016-03-08 GODADDY.COM, LLC
251hillst.com 2013-04-11 ENOM, INC.
251quailrunrd.com 2014-07-07 ENOM, INC.
2526wilmette.info 2018-05-15 GODADDY.COM, LLC
25pheasanthollowrun.com 2017-07-12 ENOM, INC.
25salmon.com 2016-05-11 ENOM, INC.
25salmonrun.com 2016-05-11 ENOM, INC.
265waterstreet.com 2018-02-16 ENOM, INC.
266russell.com 2017-04-12 ENOM, INC.
26lise.com 2016-05-13 ENOM, INC.
2705lincolnwood.info 2010-01-26 GODADDY.COM, LLC
2707belmontcanyon.com 2018-05-19 GODADDY.COM, LLC
278eastst.com 2016-12-28 ENOM, INC.
278halladayaveeast.com 2013-07-31 ENOM, INC.
2790grace.info 2018-05-11 GODADDY.COM, LLC
27garden.com 2016-04-26 GODADDY.COM, LLC
27lise.com 2015-12-02 ENOM, INC.
2853blazingstar.com 2018-12-10 GODADDY.COM, LLC
28dayavenue.com 2017-03-28 ENOM, INC.
28schoolst.com 2017-03-05 ENOM, INC.
2909franciscan.com 2017-02-17 GODADDY.COM, LLC
297pr.com 2016-04-22 GODADDY.COM, LLC
29antioch.com 2016-04-14 GODADDY.COM, LLC
2queenst.com 2013-08-08 ENOM, INC.
2southrd.com 2015-05-14 ENOM, INC.
2southroad.com 2015-05-19 ENOM, INC.
2wakefield.com 2018-07-03 GODADDY.COM, LLC
30-32lownds.com 2016-01-28 ENOM, INC.
301quailrun.com 2015-05-11 ENOM, INC.
308babbsrd.com 2013-06-25 ENOM, INC.
3090phelps.com 2015-05-18 ENOM, INC.
30rosewood.com 2016-04-03 ENOM, INC.
30windwhisper.com 2017-03-20 GODADDY.COM, LLC
3135sunsetterrace.com 2017-06-07 GODADDY.COM, LLC
314chesterton.com 2016-09-13 GODADDY.COM, LLC
315remingtonst.com 2014-06-23 ENOM, INC.
3165rollingroad.com 2018-07-27 GODADDY.COM, LLC
320mapletonave.com 2014-03-15 ENOM, INC.
323wellesleystreet.com 2017-09-21 GODADDY.COM, LLC
325huntersridge.com 2017-07-28 GODADDY.COM, LLC
3267sprucewood.info 2018-07-26 GODADDY.COM, LLC
327rosilie.com 2017-03-13 GODADDY.COM, LLC
32winwood.com 2016-03-18 ENOM, INC.
33lymebay.com 2017-06-28 GODADDY.COM, LLC
33southwoodrd.com 2013-07-29 ENOM, INC.
340bloomfield.com 2016-11-22 GODADDY.COM, LLC
340grand.com 2017-05-01 GODADDY.COM, LLC
3436riverside.info 2018-07-26 GODADDY.COM, LLC
347merrimanrd.com 2013-11-06 ENOM, INC.
34oakcircle.com 2017-05-13 ENOM, INC.
34sanford.com 2016-02-25 ENOM, INC.
34sanfordridge.com 2016-02-25 ENOM, INC.
35-11alancastercountyroad.com 2018-03-20 ENOM, INC.
353troy.com 2016-03-24 ENOM, INC.
355warren.com 2017-12-13 GODADDY.COM, LLC
35highland.com 2017-03-11 ENOM, INC.
35woodsidedrive.net 2017-07-04 ENOM, INC.
365gilletteave.com 2014-03-10 ENOM, INC.
3683phelpsrd.com 2014-04-09 ENOM, INC.
36mapleridgedr.com 2013-09-25 ENOM, INC.
36smain.com 2017-04-12 ENOM, INC.
3724fernwood.com 2018-07-26 GODADDY.COM, LLC
3757colliers.com 2018-09-07 GODADDY.COM, LLC
375hawthorn.info 2018-05-30 GODADDY.COM, LLC
378halladay.com 2015-02-06 ENOM, INC.
380surfview.com 2018-07-11 GODADDY.COM, LLC
38carolst.com 2014-05-05 ENOM, INC.
38northway.com 2015-05-19 ENOM, INC.
38pleasantstreet.com 2017-05-13 ENOM, INC.
393fairview.info 2018-05-30 GODADDY.COM, LLC
399smainst.com 2013-07-16 ENOM, INC.
3avignon-newportcoast.com 2018-09-11 GODADDY.COM, LLC
3maizeln.com 2013-11-12 ENOM, INC.
3prospecthilldr.com 2014-08-06 ENOM, INC.
3richbourne.com 2017-06-22 GODADDY.COM, LLC
3secondhomevalues.com 2018-10-08 GODADDY.COM, LLC
3sgeorgewashingtonrd.com 2013-10-11 ENOM, INC.
400daveyglencondo.com 2016-07-20 GODADDY.COM, LLC
4028alameda.com 2016-07-27 GODADDY.COM, LLC
404eastcountyroad.com 2017-01-23 ENOM, INC.
4050churchst.info 2018-09-05 GODADDY.COM, LLC
40scottloop.info 2018-05-16 GODADDY.COM, LLC
414whetstoneglenst.info 2016-12-28 GODADDY.COM, LLC
424dianne.com 2018-04-26 GODADDY.COM, LLC
42miamitrail.com 2019-04-10 GODADDY.COM, LLC
42oakhillroad.com 2018-02-16 ENOM, INC.
438russellave.com 2013-05-17 ENOM, INC.
440tributary.com 2016-03-23 ENOM, INC.
4421northlane.com 2017-06-07 GODADDY.COM, LLC
443chestnut.info 2018-08-29 GODADDY.COM, LLC
44woodlandter.com 2014-04-01 ENOM, INC.
44youngroad.com 2017-10-18 GODADDY.COM, LLC
45devinerd.com 2013-11-01 ENOM, INC.
45first.com 2016-05-14 ENOM, INC.
45homewooddr.com 2014-06-16 ENOM, INC.
4634ranchoreposo.com 2016-03-09 GODADDY.COM, LLC
488crossstreet.com 2018-04-28 ENOM, INC.
49foxcroft.com 2015-06-15 ENOM, INC.
49lawrence.com 2018-09-05 GODADDY.COM, LLC
49parkave.com 2014-06-12 ENOM, INC.
49secondave.com 2014-02-07 ENOM, INC.
4apasco.com 2017-03-15 ENOM, INC.
4cidercircle.com 2017-01-23 ENOM, INC.
4willetts.com 2019-04-02 GODADDY.COM, LLC
507maplesst.com 2018-07-13 GODADDY.COM, LLC
517santahelena.com 2017-04-21 GODADDY.COM, LLC
5194losaltosdr.com 2018-11-07 GODADDY.COM, LLC
519mainstreet.com 2016-07-18 ENOM, INC.
520southwashington.info 2018-08-09 GODADDY.COM, LLC
529armsley.com 2019-03-27 GODADDY.COM, LLC
52mapleridge.com 2015-05-26 ENOM, INC.
5371calumet.com 2017-03-31 GODADDY.COM, LLC
53audubon.com 2015-06-15 ENOM, INC.
552hillst.com 2013-05-04 ENOM, INC.
556thorngate.info 2018-06-19 GODADDY.COM, LLC
55plusrealestate.info 2013-04-16 GODADDY.COM, LLC
560russell.com 2017-01-23 ENOM, INC.
5701spriggsmeadowdr.com 2017-07-16 ENOM, INC.
5749dolphin.com 2016-09-21 GODADDY.COM, LLC
5757owensmouth15.com 2018-10-24 GODADDY.COM, LLC
582bpinewood.com 2018-09-04 GODADDY.COM, LLC
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“All content © 2019 ViewDNS.info”

While I don’t quite understand the point of your data dump, I love that you also copy the notice that says not to copy their output.

Extra class points there, Avtar.
 
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Holy thread pollution, Batman!

@Avtar629 - Instead of going to all this effort, have you checked to see how often address domains sell in the aftermarket?

I have no idea if they sell or not... I just think all this TM business is a moot point if the name is a dud anyway.
 
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I just think all this TM business is a moot point if the name is a dud anyway.

Bingo.


Wouldn't these agencies be liable for TM infringement?

Avtar, if the idea here is that someone is going to sift through all that crap and figure out which ones might or might not be a trademark, consider the invitation declined. A large number of the domain names you posted aren't even addresses in the first place but are <telephone area code> + <generic>. For example "415carpets" would refer to carpets in the San Francisco area.

I get that precision thinking and making fine distinctions aren't your thing. But aside from whether or not any of the things you posted are, or are not, used as trademarks, there is also the question of how these other entities respond when a claim is brought to their attention.

Those familiar with what I've done over the years know that I've worked for many of the largest and most successful domain portfolio owners.

If you have thousands of domain names, which you may have accumulated through portfolio purchases, automated processes and other mechanisms not amenable to a fine-grained review then you will attract a fairly regular stream of trademark claims. What you do when you receive one is you investigate the claim, make a decision, and where the claimant has a decent point, you transfer the domain name to them.

Do you think I've won hundreds of domain disputes because I have magical defense powers, and can win a case no matter what the facts?

Or do you think that maybe I'm good at advising domain registrants on which ones are worth fighting and which ones are not?

As far as my current thread. Can a domainer's defense be that the address exists in other states?

Okay, okay, so the way you're going to do this - with outbound sales, no less - is that you are going to find a property where the address is used by the developer or owner as a mark for the property, say "77SunsetStrip.com". Let's further assume that address is an office tower in Los Angeles which is used as a mark, and that they also own the rights to the old TV series by that name and use the theme song to advertise it. Additionally, the address corresponds to an Exxon gas station in Phoenix, and a suburban ranch house in a low income section of Fort Lauderdale.

You are going to send a targeted solicitation to the people who own that property in Los Angeles offering to sell them a domain name they don't want. Annoyed at your spam, they are going to tell you to transfer the domain name because they are using it as their trademark.

Your defense is going to be "but it's a gas station in Phoenix and a ranch house in Florida!"

My first question is going to be, "Did you try to sell the domain name to them too?"

And if your answer is no, then it's going to be pretty obvious that your "defense" is just bullshit. If the address is in a lot of places, then why were you trying to sell it to only one of them?

Whatever point you are trying to make with geographic range on common law marks is a mystery to me. If you are soliciting business in that geographic area - i.e. by writing to these people in the first place - then you are bringing yourself into the relevant jurisdiction by directing your activity there.

In any event, I believe I've wasted enough of my time on this one.
 
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I think domainers are being heavily persecuted by ICANN and Co. We are not seen as real business people who deserve to make profit. We are seen as objects to be trampled on at will.

Maybe it's time to setup a Union and demand for inclusive legal framework.
 
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