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BrandBucket.org

Discussion in 'Legal Discussion' started by rubencouto, Dec 12, 2016.

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  1. rubencouto

    rubencouto < HDName.com > VIP

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    Hello!

    A guy in europe is setting up a sort of BrandBucket clone/copy: BrandBucket.org.

    It seems that he has filed for "Brand Bucket" trademark: http://www.trademarkia.com/brandbucket-87250042.html

    What are your thoughts on this?

    Is he infringing any trademark law?
    is he violating any copyright laws?
    Is he "only" cybersquatting?
    Is this illegal?
    Could any domain sellers be penalized for publishing their names at BrandBucket.org?

    Thanks for any feedback!
    Ruben
     
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  2. Hypersot

    Hypersot Active Member VIP

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    So, that guy's name is Ruben and your alias here is also Ruben
    Coincidence?

    Without me being a lawyer, I do believe that *guy* will probably have to defend the TM at some point
     
  3. rubencouto

    rubencouto < HDName.com > VIP

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    Hello!

    Yes, it is quite a coincidence!!! Believe it or not. Even his "Jørgensen" is simillar to my "Jorge" (second name). However, you can see from his trademark application and not only (https://www.facebook.com/rubenbotn) that he lives in Norway and you can see from all my internet presence that I live in Portugal (https://www.facebook.com/ruben.j.couto). Also, he's not as good looking as I am!!! :xf.smile:

    Thanks for the feedback!
    Ruben
     
    Last edited: Dec 12, 2016
  4. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    No why ?

    it is legit

    he might got a TM as well

    there are more than 400 TM on apple and these are not only apple computer
    there are more than 800 TM on Coffee

    a TM means nothing
    a TM is just wrong

    is it word mark ?
    is it a word fugarative mark ?
    is it an international or local TM ?

    there are more than 45 nice class

    you can get a TM for computer or perfume
    this doesn,t mean you won the world , you own the domain

    see : nissan.com

    even tesla.com was sold to tesla after 10 years fighting of stupid TM.s

    i dont like TM
    first come first serve

    and these are generic terms ...
     
    Last edited: Dec 12, 2016
  5. TravisS

    TravisS Something Goes Here NamePros Supporter

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    Not exactly adding up. Let's just assume for a moment you're not the guy and/or involved, he's not only going to face legal issues, but would likely be ostracized from the domain investor community. Someone is lacking in originality.
     
  6. rubencouto

    rubencouto < HDName.com > VIP

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    Hello!

    I thought about asking you guys for feedback, after adding a few domains to the website (as a test drive).
    However, after doing that I started browsing a bit more on their site and found out that most text parts (if not all) are simply copy-paste from BB (and this is surely a copyright violation)! And they didn't even bother to READ it!!! As an example, this is what was on their "terms" page, regarding the logo payment:

    [​IMG]

    So, the buyer would pay for the logo (just like in BrandBucket). After I received an invoice from them asking me to pay $200 for five logos, I contacted them and they said the page needed to be "updated". Now it reads:

    "How much will the logo designer take?

    You decide how much to give the logo designer anywhere between 40$ or 50$ to 350$.
    Seller of the domain will pay this through invoice (paypal, credit card)
    "

    So, legal or illegal, be aware that things may not be exactly as it shows on their "terms" page!! Proceed with caution!

    Thanks for the feedback!
    Ruben Couto

    PS: If I was that guy, why would I try to make it look like it's someone else and keep the same first name and similar second name? :laugh: Still, for the skeptics: http://www.whois.com/whois/brandbucket.org
     
  7. NPer

    NPer Very Allergic to CURRY PRO VIP

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    Whoever it is, it seems like a fruitless exercise, a waste of time, along with the potential of legal issues popping up.

    If it is a clone, it's obviously infringement- whoever it may be, should be careful. IMO

    It's not like brandbucket is a wellknown website outside of domain forums/blogs so I find it weird that someone would go ahead and use that name... what are the benefits exactly? And then again, simply because they are a small site, it doesn't mean they wouldn't take any legal action against someone like this.
     
  8. rubencouto

    rubencouto < HDName.com > VIP

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    [QUOTE="NPer, post: 5882709, member: 173844"
    It's not like brandbucket is a wellknown website outside of domain forums/blogs so I find it weird that someone would go ahead and use that name... [/QUOTE]

    The issue is not only that the owner of BrandBucket.org has an equal name to BrandBucket, but that he is cloning the entire business model (with a few minor changes, like logo fees)! So, not only the name is the same, but the Business is the same!
     
  9. Nappy Bunch

    Nappy Bunch Active Member VIP

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    If the company was serious it would want to establish themselves as a brand on their own, if they grow in the nordic region all they will do is send search engine traffic to BrandBucket.com

    Being unique is the whole point of a brandable domain name.. All the website is encouraging is ''if you like a brand name already out their then register the .org'' which all of their listed brand names are available to register in..
     
  10. rubencouto

    rubencouto < HDName.com > VIP

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    Early this morning, as soon as I saw this website I contacted BrandBucket:

    upload_2016-12-12_14-47-13.png

    @michaeljkrell is welcome to contribute to this discussion.
     
  11. Jasper schilperoord

    Jasper schilperoord Established Member

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    As long as the owner of Brandbucket itself does not have a trademark for Brandbucket, Brandbucket.org obviously cannot legally infringe on any trademark.
    A (very) quick seach just turned up a cancelled wordmark registration for Brandbucket. So, if indeed this turns out to be the case, there would not be any trademark issues here.

    Copying text constitues copyright infringement quite easily though. Rendering exploitation of the website illegal anyway.

    Potatos, potatoes...
     
    Last edited: Dec 12, 2016
  12. disaac81

    disaac81 Active Member VIP

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    .....there is none listing fee

    LOL. Guess they mean no listing fee. Typical copycats, can't even copy, let alone make up their own brand.
     
  13. nomen

    nomen Active Member VIP

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    What an incredibly stupid idea. Anyway, shame on Brandbucket for not owning their name in all the common TLDs.
     
  14. DNGear

    DNGear Domainnaut VIP

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    would they accept our domains? how much they charge upfront?
     
  15. Cdomains

    Cdomains Active Member VIP

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  16. Grilled

    Grilled ♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋♋

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    They are using Marketify wordpress theme. HERE Their blog is also template wikipedia sourced content from Marketify Their checkout doesn't work.

    Their landing page:

    upload_2016-12-12_13-53-50.png

    In the event they haven't found NamePros yet, they're advertising on the Facebook 'Domain Names Marketplace' group with over 3,000 members. HERE

    upload_2016-12-12_13-47-46.png

    Perhaps he got upset about his domains being rejected, and created the .org out of spite?

    BrandBucket.org regged 11/25/2016
    BrandBucket.me regged 12/01/2016


    BrandBucket is registered in many different extensions, not all being copy cat marketplaces. The oldest being the co.uk (2010) which belongs to a Barnaby W. of TheBrandBucketCompany.com (2008)

    [​IMG]

    Other extensions regged: .co, .co.uk, .org, .info, .ru, .lk, .net, .cn, .biz, .website, .site, .in, .co.za, .co.in, .de
     
  17. Acroplex

    Acroplex Top Member PRO DomainGang.com VIP ★★★★★★★★★★

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    The Brandbucket trademark by the .com owners was cancelled at the USPTO because they did not file a "Declaration of Use and/or Excusable Nonuse".

    That form is to be filed between the 5th & 6th year after registration, so that would be in 2014-2015. They appear to have not done so.

    Cancellation of the mark does not waive their common law mark rights, however, just the registration status, but they'd better contact an IP attorney asap.
     
  18. Jasper schilperoord

    Jasper schilperoord Established Member

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    Ah yes, thanks for clearing that up.
     
  19. creataweb

    creataweb Top Member VIP ★★★★★★★★★★

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    Nevermind, misread one of the posts.
     
    Last edited: Dec 12, 2016
  20. Acroplex

    Acroplex Top Member PRO DomainGang.com VIP ★★★★★★★★★★

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    The new application is listed as "1B - Intend to use" which means they have 6 months to demonstrate use of the mark in commerce.

    As it costs money to apply for a trademark, I don't think they are looking to leech on traffic. They registered the .US and .NO as well.
     
  21. HKIBC

    HKIBC Established Member

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    ↑ This!
    Only reason this makes any sense, IMO.
     
  22. Fuadiansyah

    Fuadiansyah Established Member

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    "We sell everything, not only REJECTION
    With US your domains will get sold!"​

    Confirmed!
     
  23. creataweb

    creataweb Top Member VIP ★★★★★★★★★★

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    I noticed that too, then LOL'ed.
     
  24. Nappy Bunch

    Nappy Bunch Active Member VIP

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  25. Acroplex

    Acroplex Top Member PRO DomainGang.com VIP ★★★★★★★★★★

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    Looks like the .org is gone.
     

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