Androidstore.com

[Cubadomains]

Can anything be done with Androidstore.com? It was purchased in 1998 well before the android phone came out? Can it be sold?

Thanks!

 

[Dave_Z]

I just typed Android Store into trademark24 and there is no trademark.

Registration isn't necessary for a trademark to exist. The entity (Google in this case) just needs to prove use of the term/s as a trademark, which they can easily do. Registration at least makes proving trademark use easier to do.

 

[Hypersot]

Registration isn't necessary for a trademark to exist. The entity (Google in this case) just needs to prove use of the term/s as a trademark, which they can easily do. Registration at least makes proving trademark use easier to do.

This is the most important thing being said in this thread. It is important for everyone to understand that lack of a name in the trademark registries doesn't necessarily mean that anyone is free to register any name.

It all comes down to how popular a name is in a specific area (..or even worse, globally). It's like how the most popular celebrities don't need to trademark their names for them to be considered as trademarks. Just their popularity is enough for the court.

 

[Name Trader]

But if you registered the celebrities name before they were even born, you would have a good leg to stand on in any URDP case. They could still take you to court for trademark infringement, unless of course you were not infringing on their trademark. Which is not the case with Cubadomain's friend and Google's Android trademark. He's infringing.

 

[Cubadomains]

But if you registered the celebrities name before they were even born, you would have a good leg to stand on in any URDP case. They could still take you to court for trademark infringement, unless of course you were not infringing on their trademark. Which is not the case with Cubadomain's friend and Google's Android trademark. He's infringing.

I hear you. I will let him know. Thanks for the input.

 

[alistair80]

google rarely go for domain-related litigation. they have better things to do...it's all depends on WHAT you're doing with the domain...ANYTHING related to android apps is a no no...you can't list it for sale as most reputed domain marketplaces will not list a TM domain...no matter how little risky it is! in fact, with the domain having little commercial potential (even though it is a good domain) ...i'm afraid you're unlikely to make good money off it!

 

[Name Trader]

I would just add that I am not a lawyer. Any advice I may give you should not be constituted as based upon any legal standing. If your friend needs legal advice, he should consult a trademark and domain specialized attorney. You can find a list of these at the top of the legal section here on NP.

 

[Atomic Domains]

google rarely go for domain-related litigation. they have better things to do...

http://www.dnexpert.com/2013/04/03/google-wins-21-domain-name-udrp/

 

[alistair80]

wow! things have changed I guess.... Things used to be different back in 2008/09...many webmasters then had set up sites on google-related domains and google didnt ever care...I guess Now they do...they way I see it is that...if someone owned for example just one google-related domain like...lets say GoogleAlgo.com, i dont see google filing udrp for that domain. For multiple domains or domains with high search keywords or commercial significance...this makes sense...Google will have to spend hundreds of millions on UDRP filings if they were to go after every single google-related domains registered across the globe

 

[JudgeMind]

Yup, i would stay away from the term Android, unless you have deep pockets (your friend) and a very good lawyer. Even domains registered before a trademark birth still face legalities, this has definitely happened to others in the past.

 

[Dave_Z]

I would just add that I am not a lawyer. Any advice I may give you should not be constituted as based upon any legal standing.

He he, don't worry, Stu. This sticky covers here.

Anyway, OP, at least you have some answers.

 

[Respondent]

Yup, i would stay away from the term Android, unless you have deep pockets (your friend) and a very good lawyer. Even domains registered before a trademark birth still face legalities, this has definitely happened to others in the past.

Agreed. Look up the trademark for Android and what ever it is stay the hell way from it. Don't place any ads. Don't monetize based on the trademark. You can not create confusion in the marketplace. As soon as you do, get ready to get screwed. Check out nissan.com and read his story. If the car company tried to do it to him (Uzi Nissan), what do you think google will do to you or your friend. I am not a lawyer. I suggest you or your friend seek professional legal advice. Best of luck.

 

[Respondent]

Finally, he isn't currently complying with Google's Trademark. So if Google wants to, they could go after the domain. If by court order, that's up to $100k per trademark infringement. They would have to go the court route because they'd probably lose any UDRP because they probably couldn't prove bad faith registration. That is unless they used John BerryHill as their attorney

I second that motion, if you are going to tangle with the big boys (aka Google). You better have someone like John Berryhill in your corner and have your back. He's one of the best for a reason. Don't believe me? Ask around or just do a search of his name. The guy is no joke. He's a greedy corporation slayer when it comes to UDRPs. Personally, I found this out when I was reading cases and his name would pop up, over and over again against the big timers.

 

[gilescoley]

There are some Trademarks for Android but ironically google does not have any of them.

There is a Google TM on this...filed in 2007

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:5qix5m.4.27

 

[Weber]

..

 

[DnEbook]

The site shows ads for android phones (on my browser) http://androidstore.com/Android-Applications.cfmx

 

[Dave_Z]

The site shows ads for android phones (on my browser) http://androidstore.com/Android-Applications.cfmx

Probably milking it until it's time to give it up. Why am I not surprised.

 

[DnEbook]

Yep, the best way to lose a domain