discuss Diem??

Silentptnr · Sep 4, 2020

This morning I read an article about a company that just registered a bunch of "Diem" domains. Something about crypto currency. I didnt' see any threads about this Diem, so I thought I would start one.

Here's a link to the article.
https://domainnamewire.com/2020/09/04/diem-is-this-facebooks-digital-currency-initiative/

Have/Are/Will you be registering any Diem domains?

APP VN · Dec 3, 2020

Ok, let's take a look at the domain investor's perspective.

BRDavid08 · Dec 3, 2020

Hi @APP VN , I have little doubt about this

As per this URL https://www3.wipo.int/branddb/en/showData.jsp?ID=NZTM.1165434

(550)Indication relating to the nature or kind of mark
Individual - Word

I think anyone can use "diem"+"keywords" but no one use "diem" single word ..am i right?

karmaco · Dec 3, 2020

seodavid08 said:
Hi @APP VN , I have little doubt about this

As per this URL https://www3.wipo.int/branddb/en/showData.jsp?ID=NZTM.1165434

(550)Indication relating to the nature or kind of mark
Individual - Word

I think anyone can use "diem"+"keywords" but no one use "diem" single word ..am i right?

Thats not the point. They have declared multiple categories and quite a few at that so who else but them will want a diem plus word be it finance/payment, etc related domain ? Who will use this term except them for anything once their trademark is locked in and its commonly accepted and used?

I think diem names that are short and aged have a better chance to be useable in a different capacity/category (diem means Day or daily) They don’t own the term but they can use the reg date of same day or day before their trademark application as a reason in a UDRP of bad faith. Any regs in the last few days can be targeted by them imo.

Woke Monkey · Dec 3, 2020

karmaco said:
Thats not the point. They have declared multiple categories and quite a few at that so who else but them will want a diem plus word be it finance/payment, etc related domain ? Who will use this term except them for anything once their trademark is locked in and its commonly accepted and used?

I think diem names that are short and aged have a better chance to be useable in a different capacity/category (diem means Day or daily) They don’t own the term but they can use the reg date of same day or day before their trademark application as a reason in a UDRP of bad faith. Any regs in the last few days can be targeted by them imo.

Anyone who registers Diem domains is on a hiding to nothing.

APP VN · Dec 3, 2020

seodavid08 said:
Hi @APP VN , I have little doubt about this

As per this URL https://www3.wipo.int/branddb/en/showData.jsp?ID=NZTM.1165434

(550)Indication relating to the nature or kind of mark
Individual - Word

I think anyone can use "diem"+"keywords" but no one use "diem" single word ..am i right?

This case is still not really clear and messy, just determining your acceptable level of investment risk.
Valuable domain names will not wait for someone to get it.

Woke Monkey · Dec 3, 2020

APP VN said:
This case is still not really clear and messy, just determining your acceptable level of investment risk.
Valuable domain names will not wait for someone to get it.

Do you really want to tread on the toes of what will be the worlds biggest Global Stablecoin?

knock yourself out

NickB · Dec 3, 2020

Aren't Facebook quite aggressive with protecting their brand? I didn't check all 10 pages

https://www.wipo.int/tools/en/gsear...=facebook#gsc.tab=0&gsc.q=facebook&gsc.page=1

APP VN · Dec 3, 2020

NickB said:
Aren't Facebook quite aggressive with protecting their brand? I didn't check all 10 pages

https://www.wipo.int/tools/en/gsearch.html?cx=016458537594905406506:hmturfwvzzq&cof=FORID:11&q=facebook#gsc.tab=0&gsc.q=facebook&gsc.page=1

Sure, but please check many Decided cases and you will understand better.

https://www.wipo.int/tools/en/gsear...d#gsc.tab=0&gsc.q=facebook decided&gsc.page=1

NickB · Dec 3, 2020

APP VN said:
Sure, but please check many Decided cases and you will understand better.

https://www.wipo.int/tools/en/gsearch.html?cx=016458537594905406506:hmturfwvzzq&language=en&hl=en&lr=&cof=FORID:11&tab=1&q=facebook+decided#gsc.tab=0&gsc.q=facebook decided&gsc.page=1

The point is I personally do not want to own domains that may potentially cost me money except for renewals and commission - if you and others are prepared to pay the costs associated with defending these types of domains then that is up to you...

You might win, you might lose but it will cost you money either way.....

BRDavid08 · Dec 3, 2020

Xdmcoinwallet.com
Myxdmwallet.com
Diemcoinwallet.com
Lets see .......

Woke Monkey · Dec 4, 2020

This might seem a bit out there but,

what is Diem?

Last time I checked it was a Stablecoin.

Stablecoin is the industry defining category and not Trademarked.

Instead of registering TM’s which will very likely be a very expensive lesson and uncomfortable experience. Register or buy, Stablecoin+, Stable+... etc related domains.

Visa have literally just announced a partnership with Circles USDC Stablecoin which is going to open the flood gates to over 60 Million of Visas merchants.

It’s still very early in this niche but Stablecoins are about to hit the mainstream in a big way.

Domain boy · Dec 4, 2020

Do you know whether they trademarked "Xdm" too? or did they just trademarked "diem"?

Thanks for info,

BR,

DB

DomainWolf · Dec 4, 2020

I wonder if the guy who sold diem.co for $316 11/09 is a little upset right now.

https://namebio.com/diem.co

domvault · Dec 4, 2020

DomainWolf said:
I wonder if the guy who sold diem.co for $316 11/09 is a little upset right now.

https://namebio.com/diem.co

perhaps not as upset as someone who bought a pizza for 10000 bitcoins. shit happens... move on ...

mrcurly · Dec 4, 2020

I have a very good diem domain registered in October, if anyone wants to buy it drop me a pm

jberryhill · Dec 4, 2020

DomainBarracksRob said:
Given half the names in this thread if not more were reg'd yesterday and the TM was fill yesterday, how would that play out...same day

The filing date is irrelevant, as I have pointed out time and time again.

https://www.wipo.int/amc/en/domains/search/overview3.0/#item38

3.8 Can bad faith be found where a domain name was registered before the complainant acquired trademark rights?

3.8.1 Domain names registered before a complainant accrues trademark rights

Subject to scenarios described in 3.8.2 below, where a respondent registers a domain name before the complainant’s trademark rights accrue, panels will not normally find bad faith on the part of the respondent. (This would not however impact a panel’s assessment of a complainant’s standing under the first UDRP element.)

...

3.8.2 Domain names registered in anticipation of trademark rights

As an exception to the general proposition described above in 3.8.1, in certain limited circumstances where the facts of the case establish that the respondent’s intent in registering the domain name was to unfairly capitalize on the complainant’s nascent (typically as yet unregistered) trademark rights, panels have been prepared to find that the respondent has acted in bad faith.

Such scenarios include registration of a domain name: (i) shortly before or after announcement of a corporate merger, (ii) further to the respondent’s insider knowledge (e.g., a former employee), (iii) further to significant media attention (e.g., in connection with a product launch or prominent event), or (iv) following the complainant’s filing of a trademark application.

--------------

I've added some highlighting on important bits. I'm sure it is TL;DR for most. Cheers.

jberryhill · Dec 4, 2020

And, Rob, you are ignoring the more important data at the link you posted:

-----------------
(300)
Data relating to priority under the Paris Convention and other data relating to registration of the mark in the country of origin
JM 2020-07-13 80895
-----------------

Cheers.

jberryhill · Dec 4, 2020

APP VN said:
Sure, but please check many Decided cases and you will understand better.

https://www.wipo.int/tools/en/gsearch.html?cx=016458537594905406506:hmturfwvzzq&language=en&hl=en&lr=&cof=FORID:11&tab=1&q=facebook+decided#gsc.tab=0&gsc.q=facebook decided&gsc.page=1

Guys,

Don't use the WIPO "site search" function to look for UDRP cases.

That's not how it works.

If you want to know how many cases a party has filed at WIPO, you use the Complainant search function here:

https://www.wipo.int/amc/en/domains/search/

But a better way of searching WIPO-only UDRP cases is here:

https://www.dndisputes.com/search

Screen Shot 2020-12-04 at 5.06.19 PM.png

DomainBarracksRob · Dec 5, 2020

jberryhill said:
The filing date is irrelevant, as I have pointed out time and time again.

https://www.wipo.int/amc/en/domains/search/overview3.0/#item38

3.8 Can bad faith be found where a domain name was registered before the complainant acquired trademark rights?

3.8.1 Domain names registered before a complainant accrues trademark rights

Subject to scenarios described in 3.8.2 below, where a respondent registers a domain name before the complainant’s trademark rights accrue, panels will not normally find bad faith on the part of the respondent. (This would not however impact a panel’s assessment of a complainant’s standing under the first UDRP element.)

...

3.8.2 Domain names registered in anticipation of trademark rights

As an exception to the general proposition described above in 3.8.1, in certain limited circumstances where the facts of the case establish that the respondent’s intent in registering the domain name was to unfairly capitalize on the complainant’s nascent (typically as yet unregistered) trademark rights, panels have been prepared to find that the respondent has acted in bad faith.

Such scenarios include registration of a domain name: (i) shortly before or after announcement of a corporate merger, (ii) further to the respondent’s insider knowledge (e.g., a former employee), (iii) further to significant media attention (e.g., in connection with a product launch or prominent event), or (iv) following the complainant’s filing of a trademark application.

--------------

I've added some highlighting on important bits. I'm sure it is TL;DR for most. Cheers.

jberryhill said:
And, Rob, you are ignoring the more important data at the link you posted:

-----------------
(300)
Data relating to priority under the Paris Convention and other data relating to registration of the mark in the country of origin
JM 2020-07-13 80895
-----------------

Cheers.

jberryhill said:
Guys,

Don't use the WIPO "site search" function to look for UDRP cases.

That's not how it works.

If you want to know how many cases a party has filed at WIPO, you use the Complainant search function here:

https://www.wipo.int/amc/en/domains/search/

But a better way of searching WIPO-only UDRP cases is here:

https://www.dndisputes.com/search

Show attachment 175509

@jberryhill Thanks for this! From the whole Namepros community, we are fortunate to have you around.

BRDavid08 · Dec 5, 2020

Not my sale but check it

loredan · Dec 5, 2020

Oh, nice! Do you know how much it sold for?

BRDavid08 · Dec 5, 2020

@loredan not my sales...just got info from DAN

Domain boy · Dec 5, 2020

What about the term "XDM"? did they file a trademark for it as they did for "Diem"?

DomainBarracksRob · Dec 5, 2020

loredan said:
Oh, nice! Do you know how much it sold for?

seodavid08 said:
Not my sale but check itShow attachment 175596

I would not be surprised if that one was FaceBook coming in early! It's all over their Term in the Mark, They forgot it when they reg Main Others. This one is a no brainer they should of had it already, And .....its new Expire date is 2022 ( all the ones FB owns also are till 2022).....

ivey · Dec 5, 2020

Please share if you know the sale price?

discuss Diem??

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