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Buying a domain with a word of TradeMark

Labeled as question in Legal Discussion started by Praveen E, Dec 27, 2019.

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  1. Praveen E

    Praveen E Established Member

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    Hi,

    I am looking to buy a domain mobilemastr.com and the mastr is a trademark word.

    whether prefix or suffix that mastr word should be use?

    Is it good to buy that domain or any legal issue arise.

    What to do?
     
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  2. Rob Monster

    Rob Monster CEO, Epik Epik.com Staff PRO Gold Account VIP

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    You can look this up at USPTO.gov in the TESS database.

    You will see that there are some TMs:

    upload_2019-12-27_8-14-23.png

    There is only one active:
    upload_2019-12-27_8-15-1.png

    So steer clear of radios and GE should stay out of your face.
     
  3. Praveen E

    Praveen E Established Member

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    So Bliss Mastr is currenly live, we can't use what about others like new one "mobilemastr".

    Can we register like this or not...That is my question.
    Will it create any legal problems if I did that.

    Also this is like cybersquatting. Please explain
     
    Last edited: Dec 28, 2019
  4. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    The issue here is not whether "mastr" is, or is not, a trademark. As noted above, there is no clue what you might be planning to do with the domain name, and it is extremely rare for a trademark issue not to depend critically on specific facts about how the domain name is being used.

    That said, the primary trouble areas are (a) well-known or inherently distinctive marks, regardless of how the domain name is used, or (b) marks which are identical or confusingly similar to the domain name, particularly when there is use related to the goods and services for which the mark is known or there is no conceivable non-infringing use.

    For example, while it is a good idea to check what might be around in "MASTR" marks, and if any of them have anything to do with "mobile" things, you are missing the boat entirely if you focus on that part. You are also missing the boat entirely if you simply check the US trademark database for marks which are registered in the US. While, sure, you can sometimes find interesting things there, the fact of the matter is:

    (1) Many trademarks are not registered, and
    (2) The US is one country in the world, out of many.

    So, just bouncing around with Google using the words "mobile" and "master" one can find various things to think about, including:

    http://mobilemasterslv.com/

    With not much more poking around, it's pretty easy to find out there is a MOBILE MASTERS gaming tournament sponsored by Amazon, and which has been around for a few years.

    THEN, one might consider taking a look at things like:

    Word Mark MOBILE MASTERS


    Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer software, namely, game engine software for video game development and operation; Computer software for multiplayer and collaborative gaming; computer software for streaming audio and video game content; computer software for messaging, chat and social networking; computer software for displaying and sharing badges and emoticons; computer software for purchasing and subscribing to digital media content; computer game software; computer software development tools; computer software for authoring, downloading, transmitting, sharing, streaming, receiving, editing, extracting, encoding, decoding, displaying, manipulating, and transferring multimedia content, text, visual works, audio works, audio visual works, data, files, documents and electronic works, graphics, and images via portable electronic devices, computers, global computer networks, and communications networks; computer game programs; computer software that enables multimedia content, text, visual works, audio works, audiovisual works, data, files, documents and electronic works to be downloaded to, and accessed on, computers and portable consumer electronic devices; computer and electronic game software; downloadable mobile applications for computers and portable consumer electronic device for gaming; computer and electronic game software; downloadable video game software; interactive game programs and applications for computers and portable consumer electronic devices; computer software that allows parents to control access to internet and television content; operating software for interactive televisions; interactive gaming software; computer game software featuring quizzes and puzzles; downloadable cloud-computing software video game management; computer game and video game software for mobile devices, internet browsers, set-top boxes, electronic readers, and tablet computers, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games

    IC 035. US 100 101 102. G & S: Retail store services featuring gaming videos and game software; retail store services featuring downloadable audio, video, and multimedia files featuring gaming content, emoticons, badges, images and chat colors; retail store services featuring virtual goods and merchandise for use by members of an online community in connection with a designated website featuring streaming video games and related content, namely, video games, virtual currency, and a wide variety of consumer goods relating to video games; retail store services featuring game enhancement software and computer game software components; administration and coordination of team leagues in the field of e-sports and video games; administration and coordination of recreational opportunities for individuals who wish to participate in team leagues in the field of e-sports and video games; administration of video gaming leagues, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games

    IC 038. US 100 101 104. G & S: Providing a telecommunication connection to the internet that enable users to share games, gaming, animation, current events, fashion, multimedia presentations, science, technology, hobbies, culture, sports; Streaming of games and digital media content on the Internet; streaming of audio, video and audiovisual material on the Internet; providing multiple-user access to data on the Internet in the field of computer game-related information, audio, music, video and animation via websites; providing online forums and chat rooms over the Internet; audio broadcasting; video broadcasting; transmission of electronic mail; electronic messaging services; providing user access to global computer networks that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share photos, videos, text, data, images and electronic works; providing video on-demand transmission of computer games, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games

    IC 041. US 100 101 107. G & S: Electronic games services provided by means of the internet; Entertainment services, namely, providing online non-downloadable game software; arranging and conducting multiplayer and collaborative online computer games; entertainment services, namely, providing online video games via social networks; entertainment services, namely, providing virtual environments in which users can interact through social games for recreational purposes; providing computer enhancements for games; multimedia publishing of game software; entertainment services, namely, providing online non-downloadable videos featuring computer games being played by others; arranging and conducting computer and video game competitions; organizing, conducting, and operating video game and e-sports tournaments; organizing video gaming leagues; organization of gaming competitions, namely, organizing electronic, computer and video game competitions; organization of software development competitions; arranging of contests featuring video games and computer games; providing online entertainment information, news and commentary in the field of games, including electronic, computer and video games; providing entertainment news, information and commentary in the field of on-line gaming; sweepstakes services; providing online non-downloadable music; providing online non-downloadable videos featuring music; on-line journals, namely, blogs featuring articles on video games, video game players, gaming and e-sports; providing an Internet website portal featuring content in the field of video games, video game players, gaming and e-sports; providing an online website portal for consumers to play online computer games and electronic games and share game enhancements and game strategies; Providing temporary use of non-downloadable software for playing games; providing on-line educational and entertainment portals and websites featuring non-downloadable multimedia presentations and interactive quizzes in the field of electronic gaming; Production of video and computer game software; Providing a web-based system and on-line portal for customers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours; Providing online computer games and real-time listing of scores and ranking of players in connection therewith; Providing an interactive website featuring non-downloadable video games and facilitating player competition and interaction; providing on-line entertainment portals for customers to view and listen to non-downloadable movies, television programs, audiovisual works, audio works, and books in the field of video games and computer gaming; providing on-line entertainment portals for customers to view and listen to non-downloadable music, sporting events, recreational activities, leisure activities, esports tournaments, art, dance, musicals, comedy, computer game contests, visual works, games, parks, cultural events, concerts, animation, current events news, fashion shows, and multimedia presentations in the field of video games and computer gaming; entertainment services, namely, providing virtual environments in which users can interact through social, multiplayer and collaborative games, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games

    IC 042. US 100 101. G & S: Cloud computing featuring software for use creating and connecting games; Cloud computing featuring software for use in video games, namely, conducting games by hosting and connecting players through the cloud; Providing a website featuring technology that enables users to share games via an online network; Computer services, namely, cloud hosting provider services; Providing temporary use of non-downloadable software for streaming game videos to others; platform as a service (PaaS) featuring computer software platforms for online, multiplayer and collaborative gaming; hosting of websites for others featuring online games; hosting of digital content on the Internet; providing temporary use of online non-downloadable software and software as a service featuring software for electronic messaging, on-line chatting and social networking; providing temporary use of online non-downloadable software and software as a service featuring software for creating, displaying and sharing emoticons; providing temporary use of online non-downloadable software and software as a service featuring software for purchasing and subscribing to digital media content; Software as a Service (SAAS) featuring software for facilitating subscription services and one-time purchases; computer services, namely, creating an online community for registered users to participate in discussions, obtain feedback, form virtual communities, and engage in social networking; software as a service featuring software that allows gamers to live broadcast their games, watch games being played by others or collaborate with others playing online games; computer software development; Design and development of operating software for accessing and using a cloud computing network in relation to multiplayer computer games; development of multiplayer online gaming software available via an online cloud; Website hosting services for hosting multiplayer computer games via an online cloud network; Creating websites for hosting multiplayer computer games via an online cloud network; Hosting of websites for hosting multiplayer computer games via an online cloud network; Development of computer game software; cloud computing featuring software for use in electronic gaming; design and development of operating software for accessing and using a cloud computing network; creating an on-line community for computer gamers and video gamers, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games

    IC 045. US 100 101. G & S: Online social networking services; social networking services in the fields of entertainment and gaming; providing an internet website portal for engaging in social networking; providing news, information and commentary in the field of social networking; Personal and social services rendered by others to meet the needs of individuals, namely, online social networking and introduction services; online social networking services, namely, facilitating social interaction among individuals, social introductions, and for finding persons with particular interests and backgrounds; providing a social networking website for entertainment purposes; Providing an online portal for social networking through virtual communities, the aforementioned excluding services relating to the sport of golf, golf video games, and golf computer games


    Standard Characters Claimed

    Mark Drawing Code (4) STANDARD CHARACTER MARK

    Serial Number 87797841

    Filing Date February 14, 2018

    Current Basis 1B

    Original Filing Basis 1B

    Published for Opposition October 30, 2018

    Owner (APPLICANT) Amazon Technologies, Inc. CORPORATION NEVADA Attn: Trademarks 410 Terry Ave N Seattle WASHINGTON 98109

    Now, that's a pending intent-to-use application which may, or may not, be proceeding toward registration.

    And here is where someone would be likely to note some remarkable timing, if the name were to be registered around now....


    http://tsdr.uspto.gov/#caseNumber=87797841&caseType=SERIAL_NO&searchType=statusSearch

    Dec. 03, 2019 Notice of Allowance

    In other words, while Amazon has had a "MOBILE MASTERS" registration application pending for quite a while, and Google results indicate they have been using the mark for an e-sports tournament for several years, the application was finally allowed to proceed to registration as of just a few weeks ago. So someone could easily look at the dates and wonder what would have led someone to register this domain name right around the time it became clear that Amazon was going forward with that registration.

    Their application, by the way, was only delayed due to an opposition brought by Augusta National Inc. - the operators of the golf tournament known as the "MASTERS" tournament, which is a fairly big deal in golf. As noted in the TTAB order, the dispute appears to have ended with Amazon agreeing to amend the scope of their use to exclude golf:

    http://tsdr.uspto.gov/documentviewer?caseId=sn87797841&docId=TBO20191024102712#docIndex=1&page=1


    So, with all that as background, any "MASTR" marks should be the least of your concern, given that Amazon is obviously willing to go to considerable expense to protect their "MOBILE MASTERS" mark.
     
    Last edited: Dec 30, 2019

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