CageOfDeath.com - any TM issues?

[000]

I just registered www.cageofdeath.com when it dropped.

The Cage of Death is the CZW's (Combat Zone Wrestling) biggest show, an annual event at the end of each year since 1999. see Wikipedia page) CZW apparently used to own the domain.

I searched for "Cage of Death" here, http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=o4v8uf.1.1, and didn't come up with any results. Does this mean that I'm ok and there aren't any TM issues?

Thanks for any insight

 

[Broker]

Its not TM'd

 

[000]

http://web.archive.org/web/20040311021231/www.czwwrestling.com/COD/index.html

On the cache of the site, it claimed that "Cage of Death" is a trademark of CZW. That's what's confusing me here.

 

[Broker]

Doesnt mean that it actually is, just rechecked myself and nothing. I wouldnt sweat it myself.

 

[000]

Yeah, I'm not worried or anything - I'd just like to know that I'm free to do with this domain whatever I want to. I think I'm fine, but I'd just like to get the opinion of some others as well. Thanks!

 

[primacomputer]

Doesnt mean that it actually is, just rechecked myself and nothing. I wouldnt sweat it myself.

You just rechecked what? You called every person in the world and asked them if they were using that name as a trademark? And then gave each a lie detector test to make sure they weren't lying? Or you just went to some website, did a search, and decided that was enough?

Trademarks don't have to be registered with the USPTO. They don't have to be registered at all. This name is clearly a trademark and I hope to OP doesn't take any bad advice to the contrary.

This doesn't mean he can't do anything with the name. As long as he doesn't use it for anything related to wrestling, er “sports entertainment” he will likely be fine.

 

[Broker]

Basic questions- Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
constructive notice to the public of the registrant's claim of ownership of the mark;
a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
the ability to bring an action concerning the mark in federal court;
the use of the U.S registration as a basis to obtain registration in foreign countries; and
the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.


Dictionary definition of trade-mark.

trade·mark [ tráyd mrk ]

noun (plural trade·marks)

Definitions:

1. company symbol: a name or symbol used to show that a product is made by a specific company and legally registered so that no other manufacturer can use it.


That said, I wouldnt worry about it as I stated above.

Besides, UFC rules :hehe:

 

[primacomputer]

That said, I wouldnt worry about it as I stated above.

Why is that? Because Microsoft made a minor error in their non-legal dictionary for the masses and said that the mark must be “legally registered “, or because the OSPTO specifically says “You can establish rights in a mark based on legitimate use of the mark”.

I can guarantee they have established rights to the mark and that means they have a trademark. There is no question here. The only question is what can the OP use the name for without infringing.

 

[000]

Heh, so I have here two opposing opinions. Anyone else care to comment?

 

[2knew]

Heh, so I have here two opposing opinions. Anyone else care to comment?

Yeah, Whoever has the most money to spend on lawyers owns it

I wouldn't think they're coming after you for the domain if they let it drop, but if they decide they want it again, who do you think will win?

If it were mine, I would not develop it at all. Park yes, sell yes, but not put any work into it.

 

[ypn]

I think I'd ask myself why I registered the domain if I were in your position. Do you have any use for it, other than for creating a site about czw's cage of death? I think you'd have a tough time finding any other use for it...
That said you're obviously a czw fan, and you've said it yourself that czw at one time owned the domain. The right thing to do would be to give Zandig or Dave Prazak an email and ask if they'd like it back rather than trying to screw them over imo. This is all assuming you're not intent on using the domain for another reason such as to start a site about kittens.

 

[000]

Thanks, both of you. As some of you may know, I've been snatching a lot of dropped domains lately, and I saw this. I didn't have any plans for it, I just thought it was a nice domain and all. "Cage of Death" is not only an annual wrestling match - it is also a term that is used for other reasons.

And no, I have no plans of fighting CZW for the domain - if they want it, they're completely welcome to it. I just figured that they let it drop, so maybe they don't want it anymore for some reason or another.

I think I'll just go ahead and park this one.

Anyone else?

 

[primacomputer]

If you park it at a PPC service make sure you don't have any wrestling related keywords. This will help avoid of infringement on the CZW trademark.

 

[DNQuest.com]

Its not TM'd

]
As his name says... Clueless

It is a TM...

 

[Broker]

]
As his name says... Clueless

It is a TM...

Is it? Please provide proof.

 

[000]

OK, well, what should I do about this in that case?

 

[DNQuest.com]

Is it? Please provide proof.

I have a better idea..... read this forum for several days and learn what a TM is.....

 

[Crath]

I say contact them and put it up for ransom :P

 

[000]

Well is it safe to park it at Sedo?

 

[Broker]

I have a better idea..... read this forum for several days and learn what a TM is.....

Thats what I thought