domain acai berry (.) im needs your appraisals

[proxified]

I registered the domain in the beginning of .im's blowout and later I noticed that there were many domains with the keyword acai berry were sold in the same extension and most of the extensions already been soldout.

As acai berry is one of the high paying keywords and a popular brand, How much should it be worth?

Domain : ACAI BERRY . IM

 

[matrigaldo]

With .im? Reg fee / low $xx if you're lucky.

 

[kemjika11]

$x.

the extension is very weak.

 

[hgh.tv]

$100

 

[gilescoley]

1) bad extension, I have a couple of .IM domains but they are big keywords, I think you will struggle to sell this name to someone on the Isle of Man

look on Namebio, not many sales at all

2) I would get rid of the name as you are infringing on a trademark - "acai berry" has 4 "live" trademarks

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good luck though

 

[proxified]

Thanks everyone for your appraisals.

Putting it on the sales section now

 

[hrethel]

2) I would get rid of the name as you are infringing on a trademark - "acai berry" has 4 "live" trademarks

Actually (and yes, I know this is weird coming from me, who is usually on the side of "you have a TM domain"), in this case, it wouldn't likely infringe on a trademark. While all of those terms do have "acai berry" in them, because "acai berry" is a generic term (it's the name of an actual fruit), you can only get a trademark on that term in combination with other terms.

There is no trademark on "acai berry" alone, but there can be on "Acai Berry Supreme 1000," because that is a coined name. In fact, if you look at the TM registration for that term, it specifically says that no claim is made on "acai berry" alone, because otherwise the USPTO likely would have rejected the application because of untrademarkability.

(As always, IANAL, etc., etc.)

 

[proxified]

Actually (and yes, I know this is weird coming from me, who is usually on the side of "you have a TM domain"), in this case, it wouldn't likely infringe on a trademark. While all of those terms do have "acai berry" in them, because "acai berry" is a generic term (it's the name of an actual fruit), you can only get a trademark on that term in combination with other terms.

There is no trademark on "acai berry" alone, but there can be on "Acai Berry Supreme 1000," because that is a coined name. In fact, if you look at the TM registration for that term, it specifically says that no claim is made on "acai berry" alone, because otherwise the USPTO likely would have rejected the application because of untrademarkability.

(As always, IANAL, etc., etc.)

Thanks for your advice hrethel, I almost forgot that acai berry is a fruit and cannot be trademarked just as "acai berry". Anyways thanks again and rep added

 

[gilescoley]

There is no trademark on "acai berry" alone, but there can be on "Acai Berry Supreme 1000," because that is a coined name. In fact, if you look at the TM registration for that term, it specifically says that no claim is made on "acai berry" alone, because otherwise the USPTO likely would have rejected the application because of untrademarkability.

That is not true....It can be trademarked and you can infringe on the name if you have ads of their products on your site and you are receiving revenue via those clicks.

Remember, "Apple" is also a fruit, dont tell me that isnt TM'd, just be careful when you park your names that they arent automatically covered with other companies products, because that is infringing on the TM, thats all

Just because you probably never will be hunted down, doesnt mean its not a TM and thats its ok to do it.

Good luck

 

[the_poet]

low $x to low $xx - I also have a couple of .im's though

 

[hrethel]

That is not true....It can be trademarked and you can infringe on the name if you have ads of their products on your site and you are receiving revenue via those clicks.

Remember, "Apple" is also a fruit, dont tell me that isnt TM'd, just be careful when you park your names that they arent automatically covered with other companies products, because that is infringing on the TM, thats all

Just because you probably never will be hunted down, doesnt mean its not a TM and thats its ok to do it.

Good luck

This strikes into two important distinctions about TMs. The first is that a generic term is generally only generic within its specific class. Apple Computer could not TM the term "Apple" for selling apples (the fruit). They can trademark it when it comes to electronics, since apples have no standard connection to electronics. The same holds true here. All of the TMs related to "acai berry" are related to the fruit. You can't trademark "acai berry" when it comes to fruit-related products and say that no one else can call their product "acai berry." You can create a TM if you develop a line of speakers called "Acai," but then you can't sue the makers of acai drinks for violating your TM, only people who create electronic items.

The other point is that certain TMs can become "famous trademarks." In that case, you can have more protections for your TM in the marketplace. Apple Computer could theoretically limit people from using the term "Apple" for non-computer products, because their name is so famous that letting people use it for other purposes would dilute their reputation. However, they still would have an extremely hard time saying that an apple grower can't call themselves "Apple Growers," because the term is so incredibly generic in that specific market that even famous trademarks don't stay in that realm. Either way, none of the acai berry TMs are even remotely considered famous (I've never heard of any of them), so that's likely out.

I do agree that parking links can cause problems. However, because of the generic nature of this term, in my opinion, they would not violate TMs. As always, this isn't legal advice, though, so contact a lawyer if you're concerned about the actual legal status.

 

[gilescoley]

exactly, my point is if you buy a name with the word "Apple" in it and then park it, have a look what ads are automatically put up if you dont customize it and put in your own specific keywords - there will be apple computers and apple ipods being advertised

If you park the site make sure you dont have ads selling "ACAI BERRY RUSH" fruit juice, thats all

 

[proxified]

Thanks guys for your time

BTW the domain is up for sale here

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