Legal Issues with certain names...

copyright and tm are 2 different things.

Difference between TLD and gTLD can clarify the situation a bit. Trademarks are always registered for a certain 'Class' of goods or Services. For example Apple Computer can only get it registered as TM for 'Computers or related products' but another person can also get it registered as TM in some other 'Class' like 'Apple jam, jelly or juice etc.'
You can see so many common words published with TM sign with them but such words are only registered in certain 'Class' and not for the all possible applications. Since common words are 'generic' terms which are not 'coined' or owned exclusively by any organization or person thus those can not be registered as 'exclusive' property of somebody by any authority. Perhaps you might have read sometimes back that Queen of England lost the case to reclaim a domain name of England.
However, sometimes a combination of two generic terms can be registered as anexclusive TM like 'Microsoft'. But beware 'WhiteMilk' can never be registered like 'Microsoft'.
Regards.

Originally posted by Darren
I was reading an appraisal post that Delete posted in reply to a domain needed for appraisal: Sprinter.org

Delete said:


Alright, fair enough, you have a name that is Copyright by a big company, but it's a commonly used word, and your not infringing it in any way... Does this mean there won't be any legal issues here?

Alright, so if there isn't any legal issues with the above, why would their be legal issues with owning the likes of sex.org? (Or another popular extension for that matter). I mean, sex is a commonly used word, and it's highly doubtful anybody is out to infringe it...

Anyway, a question I haven't got the answer to, how can somebody put a Copyright on the word 'sex'?

Maybe a topic like this has been discussed before, or maybe this is too obvious for my simple mind, but help me out!

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and what happens if some guy in timbuktto has already used the name for ages or "registered" it in his own country

i.e. SEX"r"US.......

would the US win with their CORP lawyers???

Well I did a search for the words Sprinter on the US trademark website and There are many trademarks with the word sprinter including. .....

Word Mark SPRINTER
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: PASSENGER VANS AND THEIR STRUCTURAL PARTS
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76386901
Filing Date March 23, 2002
Current Filing Basis 44E
Original Filing Basis 1B;44E
Published for Opposition January 14, 2003
Registration Number 2704213
Registration Date April 8, 2003
Owner (REGISTRANT) DaimlerChrysler AG CORPORATION FED REP GERMANY Epplestrasse 225 70567 Stuttgart FED REP GERMANY
Attorney of Record V. T. Giordano
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE


this is just one of many.

And as far as the word SEX there is not TM on it ...lol

As written earlier, TM for any generic word is allowed only in any specific 'Class'. Thus if domain 'Sex"r"US is registered by somebody but it's used for some other kind of goods or services other than TM registrant, nobody can take that domain.
Sometimes, even if you register a well known TM as domain, but that domain is not used for any purposes, even that domain can not be claimed by original TM registrant.
Now, Sprinter can be registered as TM for other class of goods or services and website can be launched. However, if website is launched for 'PASSENGER VANS AND THEIR STRUCTURAL PARTS' domain can be claimed by 'DaimlerChrysler AG CORPORATION'.
On these grounds years back I successfully defended one of my domain against a well known US company.
Regards.

.ORG is open free for all, no companies can have the right to a .org domain. I think!

I think it all boils down to who has the most convincing attorney in any case. sometimes it's really hard to speculate what could happen in any intellectual property dispute. Domain names are highly arguementative as to what they actually mean sometimes. I think if someone "sees" a domain name, it can be percieved to look however they want it to look or mean whatever they want it to mean. The dot org is a "catchall" for the original .com and .net . At least it was at one point.

Ahhh...

Understand now... Thanks guys. :tu:

Originally posted by dnslife
I think it all boils down to who has the most convincing attorney in any case.

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And who has the most money and time to spend on such things, too.