BrandBucket.org

[rubencouto]

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

 

[jberryhill]

So this isn't quite the clear cybersquatting debate it might seem...

It's quite clear.

I realize the fixation on trademark registration among domainers may make it less clear, since domainers do not generally understand that "having a trademark" and "having a trademark registration" are not co-extensive concepts.

Be that as it may, there is nothing unclear about what the Respondent in the proceeding was up to.

 

[WingMan]

Easy fix, make an offer for BrandBucket.shop/.org

 

[Hypersot]

@jberryhill Can you have a trademark without a trademark registration?

Can you have a dog without a permit to walking him in the park?

 

[jberryhill]

@jberryhill Can you have a trademark without a trademark registration?

Yes, in fact, in the United States, you are required to have a trademark BEFORE you have a trademark registration. In the US, you register your trademark in order to obtain a variety of procedural advantages in litigation. You can file an application on the basis of an intent-to-use, but if the application is granted, then that application will not proceed to registration unless and until you submit proof of use of the mark.

This is like asking if you can own a car without a vehicle registration. Yeah, sure you can. You register your car in order to obtain certain privileges - like being allowed to drive it on public roads. But if I want to buy a car in order to display it in my car collection, or drive it around on my private property, I don't have to register it. You see those guys driving around the NASCAR track? Do they own cars? Yup. Are those cars registered to drive on public roads? Nope. Notice that none of them have license plates.

 

[jberryhill]

 

[WingMan]

@jberryhill That was educative. Thanks

 

[rubencouto]

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

@michaeljkrell is welcome to contribute to this discussion.

 

[DNGear]

would they accept our domains? how much they charge upfront?

 

[creataweb]

Nevermind, misread one of the posts.

 

[Johnywang]

Guess it will serve as lesson to others. Who else is remaining?

 

[gina ferrano]

It appears it now forwards to www.brandbucket.shop...
surprised that Margot didn't trademark .com name?
now some disgruntled person is acting like a fool.

 

[Leopard]

Only way forward and lesson to learn here is to trademark your name. With 600-700 + extensions you cant control someone registering your name in another extension.

 

[Altoz]

I am just jumping in for sec. as I checked the issue today
It's now brandbucket.shop as (gina said as well), but what's cute that brandbucket.shop TM the name "brandbucket" in USA and Norway

Next is the issue with ALL the hundreds "nice" extensions. I feel it's almost impossible to get protected. Who will stop i.e.: namepros.club etc How would NP feel?
Creation of ALL the new crap is creating HUGE complication and CONFUSIONS. Another reason I am so allergic.

 

[canswift]

It appears it now forwards to www.brandbucket.shop...
surprised that Margot didn't trademark .com name?
now some disgruntled person is acting like a fool.

Brandbucket DID trademark their name. Unfortunately due to what looks like error or oversight, the renewal paperwork was not filed and the TM got cancelled in June 2016. Brandbucket re-applied for the TM in January 2017 but Mr. Brandbucket.shop / .org had beaten them to it and applied for a TM on "brandbucket" in November 2016. He got it and it's registered as a TM in both the US and Norway. So this isn't quite the clear cybersquatting debate it might seem...

 

[Steven McEvoy]

I wonder how things are going with this?

 

[siravi]

Thanks for giving us brand awareness

 

[equity78]

It's quite clear.

I realize the fixation on trademark registration among domainers may make it less clear, since domainers do not generally understand that "having a trademark" and "having a trademark registration" are not co-extensive concepts.

Be that as it may, there is nothing unclear about what the Respondent in the proceeding was up to.

John could you go into it a little "having a trademark" vs "having a trademark registration"

 

[Keith DeBoer]

I think he (@jberryhill) means common law vs registered but either way I would love to hear further explanation from an expert in this area.

 

[Steven McEvoy]

I’m curious if Brandbucket.com is even trying to do anything still? Or if they have any options

 

[Keith DeBoer]

There are options and an expert in intellectual property law could elucidate them if he/she wanted to.

I will say that it appears from the public records at Trademarkia.com that the rights to the registered mark are currently being contested.

Most people don't know that a trademark must be properly applied for, utilized and protected. Especially during the first five years of ownership during which time it can be challenged and removed, depending on the circumstances.

As with all things legal this process can take months or even years

 

[WingMan]

@jberryhill Can you have a trademark without a trademark registration?