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I own eBookzilla.com & wanted to ask if you think that the USTPO would allow me to Trademark it?
In the early 2000's, ".ZILLA" became a popular ending for domains.
That's when the Toho, the Japanese trademark owner of Godzilla, went after some of them:
1) Toho succeed in forcing Davezilla.com to remove his very different looking dinosaur from his blog, although his blog was allowed to keep it's name.
2) Toho succeeded in forcing a Napa winery to drop it's Cabzilla because it had Godzilla on the bottle.
3) Toho failed to force Sears to stop using "Bagzilla" with motto: "Monsterously strong bags." They didn't feature an image of a dinosaur.
4) The Mozilla foundation did use a dinosaur logo but Toho opted to leave them alone because they are a nonprofit, non-commercial entity.
Have you found more cases with .ZILLA or anyone that has successfully trademarked theirs?
MY TAKEAWAY: Toho will allow you to use your ".ZILLA" if you don't use a dinosaur looking monster on your website.
HOWEVER, I'm doubtful they would allow you to trademark your ".ZILLA" name without contesting it. I think the USTPO might side with Toho and reject your Trademark.
Thus, your ".ZILLA" name may be usable for your site or store alone, and your not likely to be able to Trademark your ".ZILLA" to protect it from copycats. Without the ability to trademark your ".ZILLA," you are limited in protecting your brand and you won't be able to franchise it as anyone could copy it.
Thoughts?
In the early 2000's, ".ZILLA" became a popular ending for domains.
That's when the Toho, the Japanese trademark owner of Godzilla, went after some of them:
1) Toho succeed in forcing Davezilla.com to remove his very different looking dinosaur from his blog, although his blog was allowed to keep it's name.
2) Toho succeeded in forcing a Napa winery to drop it's Cabzilla because it had Godzilla on the bottle.
3) Toho failed to force Sears to stop using "Bagzilla" with motto: "Monsterously strong bags." They didn't feature an image of a dinosaur.
4) The Mozilla foundation did use a dinosaur logo but Toho opted to leave them alone because they are a nonprofit, non-commercial entity.
Have you found more cases with .ZILLA or anyone that has successfully trademarked theirs?
MY TAKEAWAY: Toho will allow you to use your ".ZILLA" if you don't use a dinosaur looking monster on your website.
HOWEVER, I'm doubtful they would allow you to trademark your ".ZILLA" name without contesting it. I think the USTPO might side with Toho and reject your Trademark.
Thus, your ".ZILLA" name may be usable for your site or store alone, and your not likely to be able to Trademark your ".ZILLA" to protect it from copycats. Without the ability to trademark your ".ZILLA," you are limited in protecting your brand and you won't be able to franchise it as anyone could copy it.
Thoughts?
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