NameSilo

CBD Twitter. com

Labeled as trademark in Legal Discussion started by Lagunaboy, Dec 26, 2018.

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  1. Lagunaboy

    Lagunaboy Restricted

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    Good evening guys, I have just researched the word Twitter and apparently it's not trademarked. To Twitter is to chit or chat. So I have regged (although not put up for sale)cbdtwitter.com
    Your thoughts please
     
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  2. hawkeye

    hawkeye Top Member PRO VIP ★★★★★★★★★★

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    Maybe you should check again, and with your eyes open this time. I find 3 on the first page at Trademarkia.
     
  3. Lagunaboy

    Lagunaboy Restricted

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    I saw tweet and tweetstorm are trademarks but not Twitter. But yes of course I will take another look
     
  4. Lagunaboy

    Lagunaboy Restricted

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    Maybe Twitter on its own is a trademark, but using the word in a different context for example cbdtwitter may be ok. For example, "those birds Twitter all day long" cannot be a TM infringement surely
     
  5. hawkeye

    hawkeye Top Member PRO VIP ★★★★★★★★★★

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    Well, the game is - 'Domain at your own risk'. Your call.
     
  6. Lagunaboy

    Lagunaboy Restricted

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    Well it only cost me 5 bucks so if I have to delete it I will. I appreciate your help though.thanks bud
     
  7. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    Is this the best you could find ? Really had to register a name with TM issues ?
     
  8. Furquah

    Furquah Skipper VIP

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    Waste of time & money.

    You would have come with a really good domain with CBD+keywords
     
  9. jberryhill

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

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    I'd be fascinated to know of what your "research" consisted.

    First off, as will be printed on my tombstone one fine day, there is NO requirement in the US that a trademark be registered. Are you aware of anyone who is using "Twitter" as the distinctive brand for an online communication service, such that when relevant consumers see "Twitter" then it calls to mind a particular service which originates with a particular provider? If so, THEN THAT IS WHAT A TRADEMARK IS.

    And, if you are not aware of a particular online communication service known specifically and distinctively as "Twitter", then please call 911 and see if they can pick up a pulse or any brainwave activity.

    Secondly, despite the fact that trademarks do not have to be registered, in this instance there are quite a few:


    Word Mark TWITTER

    Goods and Services IC 038. US 100 101 104. G & S: Telecommunication services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via email, instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for registered users to share information, photos, audio and video content [ abut ] * about * themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking. FIRST USE: 20060831. FIRST USE IN COMMERCE: 20060831
    IC 041. US 100 101 107. G & S: Providing on-line journals, namely, blogs featuring user-defined content in the field of social-networking. FIRST USE: 20060831. FIRST USE IN COMMERCE: 20060831

    IC 045. US 100 101. G & S: Providing a website on the internet for the purpose of social networking. FIRST USE: 20060831. FIRST USE IN COMMERCE: 20060831

    Registration Number 3619911
    Registration Date May 12, 2009
    Owner (REGISTRANT) Twitter, Inc. CORPORATION DELAWARE 1355 Market Street, Suite 900 San Francisco CALIFORNIA 94103


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    Word Mark TWITTER
    Goods and Services IC 006. US 002 012 013 014 023 025 050. G & S: PROMOTIONAL ITEMS, NAMELY, METAL LICENSE PLATES. FIRST USE: 20090410. FIRST USE IN COMMERCE: 20090410
    IC 016. US 002 005 022 023 029 037 038 050. G & S: PROMOTIONAL ITEMS, NAMELY, PENS, PENCILS, BUMPER STICKERS, STATIONERY AND GREETING CARDS. FIRST USE: 20090410. FIRST USE IN COMMERCE: 20090410

    IC 021. US 002 013 023 029 030 033 040 050. G & S: PROMOTIONAL ITEMS, NAMELY, DISHES, IN PARTICULAR MUGS AND GLASSES. FIRST USE: 20090410. FIRST USE IN COMMERCE: 20090410

    IC 022. US 001 002 007 019 022 042 050. G & S: PROMOTIONAL ITEMS, NAMELY, LANYARDS FOR HOLDING EYEGLASSES AND KEYS. FIRST USE: 20090410. FIRST USE IN COMMERCE: 20090410

    IC 025. US 022 039. G & S: CLOTHING, NAMELY, T-SHIRTS, SWEATSHIRTS, SHORTS, PANTIES, HATS, VISORS, SOCKS, TANK TOPS, JACKETS AND POLO SHIRTS. FIRST USE: 20081112. FIRST USE IN COMMERCE: 20081112

    Registration Number 4362656
    Registration Date July 9, 2013
    Owner TWITTER, INC. CORPORATION DELAWARE 1355 MARKET STREET, SUITE 900 SAN FRANCISCO CALIFORNIA 94103

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    Word Mark TWITTER
    Goods and Services IC 038. US 100 101 104. G & S: Telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via email, instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking. FIRST USE: 20061201. FIRST USE IN COMMERCE: 20061201

    IC 041. US 100 101 107. G & S: Providing on-line journals, namely, blogs featuring user-defined content. FIRST USE: 20061201. FIRST USE IN COMMERCE: 20061201

    IC 045. US 100 101. G & S: Online social networking services; providing a website on the internet for the purpose of social networking; providing on-line computer databases and on-line searchable databases in the field of social networking. FIRST USE: 20061201. FIRST USE IN COMMERCE: 20061201

    Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


    Registration Number 4179739
    Registration Date July 24, 2012
    Owner (REGISTRANT) Twitter, Inc. CORPORATION DELAWARE 1355 Market Street, Suite 900 San Francisco CALIFORNIA 94103

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    Word Mark TWITTER
    Goods and Services IC 009. US 021 023 026 036 038. G & S: Software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, online blog journals, text, weblinks, and images via the internet and other communications networks; computer software used to enhance the capabilities and features of other software and non downloadable online software; software for accessing information on a global computer network; downloadable software via the internet and wireless devices for accessing, sending, and receiving information on a global computer network; downloadable software for computers, portable handheld digital electronic communication devices, mobile devices, and wired and wireless communication devices for facilitation of communication and data transmission in the field of social networking; downloadable software in the nature of a mobile application for use with computers, portable handheld digital electronic communication devices, mobile devices, and wired and wireless communication devices for facilitation of communication; downloadable software in the nature of a mobile application for social networking; downloadable software in the nature of a mobile application for real-time delivery of data, messages, location, photographs, links, text and other data related thereto; downloadable software to facilitate online advertising, business promotion, connecting social network users with businesses and for providing strategy, insight, marketing, and predicting consumer behavior. FIRST USE: 20061000. FIRST USE IN COMMERCE: 20061000
    IC 035. US 100 101 102. G & S: advertising and marketing; advertising services; online advertising and marketing services; business data analysis; promotional services; business networking; online service for connecting social network users with businesses; business monitoring and consulting services, namely, providing strategy, insight, marketing guidance, and for analyzing, understanding and predicting consumer behavior and motivations, and market trends. FIRST USE: 20100400. FIRST USE IN COMMERCE: 20100400

    Registration Number 4422235
    Registration Date October 22, 2013
    Owner (REGISTRANT) Twitter, Inc. CORPORATION DELAWARE 1355 Market Street, Suite 900 San Francisco CALIFORNIA 94103


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    .....and a couple of others.

    So, somehow, your research managed to miss all of several US trademark registrations and a multitude of foreign and international registrations.

    Let's start with the second part of that first. What, in this universe or the one you occupy, does "CBD Twitter" have to do with birds tweeting?

    In other words, what is the conceivable context of use for "cbdtwitter.com" that has anything to do with the dictionary definition of the word "twitter"? And, by dictionary definition, mind you, we are NOT talking about any sort of online communication service, social network, text messaging, or any of the other types of things for which "TWITTER" most certainly IS a well-known trademark. In other words, just what is this "different context" in which you believe the domain name (a) has any sort of independent commercial value, and (b) has nothing to do with the services for which TWITTER is a trademark?
     
  10. Lagunaboy

    Lagunaboy Restricted

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    The things I do to get a reaction lol
    Take a chill pill guys hahaha
     
  11. hawkeye

    hawkeye Top Member PRO VIP ★★★★★★★★★★

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    You state this -
    Yet when given advice from 'experienced people', you reply with this -
    Yeh..., you'll still be domaining in 2 years. :xf.rolleyes:
     
  12. Lagunaboy

    Lagunaboy Restricted

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    With respect, who said I want to ?
    You have all answered in a very impolite way which is uncalled for
    Yes I asked for your thoughts but the replies are quite disrespectful.this thread in no way interfere's with any of your own domains or businesses but seem to take it personal. Opinions and thoughts are one thing but basically calling someone blind or stupid (or words to that effect) are not the right way to reply
     
  13. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent VIP

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    Last edited: Dec 26, 2018
  14. SuzanneChambers

    SuzanneChambers Account Auto-Closed

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    Good name. I don't see any issues with cbdtwitter.com (some people clearly want it for themselves). $2000+. Make sure you pick up the .xyz and .global if you want to protect it for the future.
     
  15. hawkeye

    hawkeye Top Member PRO VIP ★★★★★★★★★★

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    You ask for thoughts on your domain in a legal thread, get honest feedback on the TM liabilities, one from a highly successful domain TM attorney!!, and you feel the responses were disrepectful...?!?? ...oooo....kaaayy....

    And if you read, if you can, 'NO ONE' called you stupid; and as for blind, you said you saw no TMs for Twitter, yet they are right there on the first page! So....
     
  16. Bertrell

    Bertrell Cannabolical Gold Account

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    Years ago, waaay before I started undertaking domaining as seriously as I do now, I had domain names with the words "Twitter" and "Facebook" in them. I had no plans of selling them. Ultimately (it wasn't immediate) I was contacted by both entities and had to relinquish those names (or face litigation).

    Lets just say I won't waste $ like that again.

    Good luck.
     
    Last edited: Dec 27, 2018
  17. Lagunaboy

    Lagunaboy Restricted

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    Appreciate the reply.Thanks bud
     
  18. Kenny

    Kenny Member Services, NamePros Super Moderator Gold Account VIP ★★★★★★★★★★

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    Hello Lagunaboy,

    One of the reasons some of the members might be taking things personal, where you state ".this thread in no way interfere's with any of your own domains or businesses". You are only half right,
    The thread in and of itself shouldn't be taken so personal, but when someone reg's obvious TM domains, we do take it personal.

    We have been fighting a long battle to change the perception of domaining in the public eye, and when people come along and try to justify earning off a companies hard work, it just reinforces that whole "squatter" image to the general public and the media.

    That is the kind of thing that gets people calling for "regulations", and government oversight. Nobody here wants that.
    We have tried to self regulate since the beginning, and over all have done a pretty good job of it, but it only takes one headline to counter act years of hard work.

    I can honestly say that I also reg'd TM domains when I first started, (and I know many others that did as well) but it didn't take long before the more senior members in this industry, Dr. Berryhill included, clued me in on the what and why, about how it hurts the industry.

    So if you feel the members are taking it personal, or getting defensive,you are right.
    Your actions are bad for business, not just your business, every domainers business.

    Just something to think about, brother.

    Peace,
    Kenny
     
  19. Lagunaboy

    Lagunaboy Restricted

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    Ok thanks, point noted and taken. I will delete the domain first thing in the morning.
     
  20. Lagunaboy

    Lagunaboy Restricted

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    Also this thread is causing so much controversy I want to delete the thread but don't know how to
     
  21. jberryhill

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

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    What is really annoying is spending my time on an answer which includes a lot of information and observations that others can learn from, and thinking that my time is so entirely worthless that someone thinks it should just be deleted.

    Questions and answers here are not for the purpose of answering someone's individual question, but providing examples from which people can learn.

    "I want free legal advice, but only if it makes me feel good"

    You know what? Law is not about making people feel good about themselves.

    And if you think I'm a dick, wait until someone wants to actually sue you. THIS will feel like Mr. Rogers Neighborhood compared to that.

    I don't sugarcoat it, no. If it is not immediately obvious why registering cbdtwitter.com is fifty shades of wrong, you might consider finding another hobby before something a whole lot worse than "someone was mean to me on an internet forum" happens to you.

    Here you go:

    [​IMG]
     
    Last edited: Dec 27, 2018
  22. jberryhill

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

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    See? There you go. Advice you can feel good about. You spin the wheel, you takes your chances.
     
  23. MasterOfMyDomains

    MasterOfMyDomains Top Member VIP ★★★★★★★★★★

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    Did you rectify the situation and delete the trademark domain CbdTwitter.com ?

    A lot of people appreciate your responses jberryhill. Thanks!
     
  24. lolwarrior

    lolwarrior Founder, Brands.International VIP

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    Well said.
     
  25. wesley sweatman

    wesley sweatman durfer Gold Account VIP

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    the first domain I found when I started was Styrofoam.com. Styrofoam.com - can you believe it? Anyway, I didn't reg it but I did reg fudgsicles.com and held it for about 3 months b4 I decided to drop it. Just goes to show, we all are gung-ho to get a million, there is just other ways of earning that pays, crime doesn't.
     

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