trademark CBD Twitter. com

[Laguna]

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

 

[Laguna]

I'm learning all the time and the members on here have been great.
I thought it was going to be easy but oh boy was I in for a shock !

 

[Internet.Domains]

Cannabinoid Tetrahydrocannabinol Witter.

witter. verb. ( intr, often foll by on) to chatter or babble pointlessly or at unnecessary length.

Some things are not always as they appear.

If your website contains the above mentioned content, it would NOT be violating a TM.

 

[jberryhill]

If your website contains the above mentioned content, it would NOT be violating a TM

Yah, because NOBODY would ever think that it was just "cbd" combined with "Twitter".

This is like when small children hide their faces behind their hands and think that other people can't see them.

 

[Bob Hawkes]

Let me first say how fortunate we are to have someone of your expertise active in NPs, @jberryhill . Thank you on behalf of our community.

Also, I realize that you don't have time, and it is not appropriate, to comment on all issues. Let me use this example to ask about something. So Twitter is trademarked. Does that mean that someone that says writes a book on how to use Twitter effectively could not have a domain name that reflected their specific contribution if the name makes it clear that they are not Twitter the company?

Domain names including the word 'twitter' have sold 23 times (NameBio), at all of the major marketplaces (GoDaddy, Afternic, Sedo, Flippa, NameJet, etc.). I don't want to identify any in particular, and no doubt some are TM infringing, but using a hypothetical example not in list, if I was the author of a book like "Teacher Guide to Effectively Using Twitter" (and I see many titles like that) would owning a domain name like TeacherGuideToEffectiveTwitter.com (not that it is a great domain name perhaps) be allowed if my site made it clear on opening page that I was not formally associated with Twitter?

I am not asking for any specific purpose, other than my own education on the topic, and totally understand if you wish not to respond on a forum. Thank you once more for your insights in this and other threads on NPs.

Bob

 

[Internet.Domains]

Yah, because NOBODY would ever think that it was just "cbd" combined with "Twitter".

This is like when small children hide their faces behind their hands and think that other people can't see them.

I was merely pointing out that not all wording is what you may be reading, especially when acronyms are used.

tradesexchange.com vs. tradesexchange.com

I see TradesExchange.com. Maybe someone else see's something entirely different.

Two entirely different meanings within the same domain.

The content, in conjunction with the domain, reinforces whether it is a TM violation. There are many domains in this community that have potential TM issues, if the content reflects accordingly.

 

[jberryhill]

The content, in conjunction with the domain, reinforces whether it is a TM violation. There are many domains in this community that have potential TM issues, if the content reflects accordingly.

...and there are also people who come up with contrived bullshit excuses for registering TM's and variants, which are transparently absurd.

 

[Internet.Domains]

...and there are also people who come up with contrived bullsh*t excuses for registering TM's and variants, which are transparently absurd.

Surprising to hear that you have such a one sided approach. Especially after defending the heavily TM name "Delta."

"Attorney John Berryhill noted that "there are dozens of marks that include the word delta," including Delta Airlines, Delta Faucets and sororities that use Delta in their names. These different uses cause no consumer confusion. Your faucet may say "Delta," but you don't ask your sink, "When's the next flight?"

Source: CNET

 

[jberryhill]

Surprising to hear that you have such a one sided approach.

No, I don't have a "one sided approach". Try clicking on the link in my signature.

I defend domain registrants from stupid UDRPs on a regular basis. Contrived bullshit excuses that some people come up with don't make that job any easier, because there are people who put on the most ridiculously lame "defenses" that it only makes it more difficult for people who are actually honest.

CBDTwitter is a trendy keyword in a nascent industry combined with a well-known trademark. We KNOW why the OP registered the domain name. Someone else coming up with a lame and nonsensical excuse is not how this works.

 

[maksimfa]

I must be clueless... CBD... what is it and what does it have to do with Twitter?

 

[Bob Hawkes]

I must be clueless... CBD... what is it and what does it have to do with Twitter?

To me CBD means an iShares ETF Core Balanced Income (yes realize acronym not a match) but I think to most people CBD means Cannabidiol, a cannabis product with claimed medical benefits.

Ah, what does it have to do with Twitter? That is indeed THE question! Perhaps a group on Twitter that discussed the benefits of CBD or applications to humans and animals (actually mention of it in treating dogs in another thread here at NPs). It seems a stretch to me, but I don't claim to be clued in re CBD. Twitter, I think I do understand, or at least spend too much time with!

ps here is a link to the ProjectCBD site.

 

[wot]

I must be clueless... CBD... what is it and what does it have to do with Twitter?

Click on the last name in my signature.

 

[maksimfa]

no no, I understand weed... but I am just wondering wtf does it have to do with Twitter?!

 

[Internet.Domains]

No, I don't have a "one sided approach". Try clicking on the link in my signature.

I defend domain registrants from stupid UDRPs on a regular basis. Contrived bullsh*t excuses that some people come up with don't make that job any easier, because there are people who put on the most ridiculously lame "defenses" that it only makes it more difficult for people who are actually honest.

CBDTwitter is a trendy keyword in a nascent industry combined with a well-known trademark. We KNOW why the OP registered the domain name. Someone else coming up with a lame and nonsensical excuse is not how this works.

Agreed, "CBD Twitter" is a TM issue. I don't defend that.

However, if an enterprising company wanted to register, in good faith, "CBDT Witter" with content that matched, that would be defensible. The acronym of "CBDT" with the dictionary word "witter" would not be a TM violation.

Again, I am not defending this OP case, just discussing the many angles we as domain investors should be aware of.

Best to you!

 

[Laguna]

Ok ok ok let me explain the reason behind cbdtwitter, I wanted a domain that could be used as a chat forum about CBD in all its forms. All the names I tried had gone, so looked for a word that means to chat. The word twitter means to communicate. It's nothing to do with twitter.com
Everyone seems to know more than ME what the idea and intention was. You are entitled to your opinions of course but please don't tell me what my intentions were because you are just assuming. TM issue ? Maybe, but not 100% sure at this point in time

 

[Internet.Domains]

Ok ok ok let me explain the reason behind cbdtwitter, I wanted a domain that could be used as a chat forum about CBD in all its forms. All the names I tried had gone, so looked for a word that means to chat. The word twitter means to communicate. It's nothing to do with twitter.com
Everyone seems to know more than ME what the idea and intention was. You are entitled to your opinions of course but please don't tell me what my intentions were because you are just assuming. TM issue ? Maybe, but not 100% sure at this point in time

Your correct, my apologies if I assumed your intentions, that was wrong for me to do.

I didn't realize "twitter" is a dictionary word, I had only realized "witter" is.
Thank you for the education!

Good luck with your domaining ventures and Happy New Year!

 

[Laguna]

Your correct, my apologies if I assumed your intentions, that was wrong for me to do.

I didn't realize "twitter" is a dictionary word, I had only realized "witter" is.
Thank you for the education!

Good luck with your domaining ventures and Happy New Year!

Thanks buddy

 

[wot]

Ok ok ok let me explain the reason behind cbdtwitter, I wanted a domain that could be used as a chat forum about CBD in all its forms. All the names I tried had gone, so looked for a word that means to chat. The word twitter means to communicate. It's nothing to do with twitter.com
Everyone seems to know more than ME what the idea and intention was. You are entitled to your opinions of course but please don't tell me what my intentions were because you are just assuming. TM issue ? Maybe, but not 100% sure at this point in time

This is a digging a hole reply.
Sorry, but you are saying you seriously did not consider that using "twitter" ,an incredibly high profile word, in a domain name could be a problem, hard to believe.
But simply my opinion.

 

[Laguna]

This is a digging a hole reply.
Sorry, but you are saying you seriously did not consider that using "twitter" ,an incredibly high profile word, in a domain name could be a problem, hard to believe.
But simply my opinion.

Yes itsi your opinion and you are entitled to it. Thats why I started this discussion

 

[Internet.Domains]

Yes itsi your opinion and you are entitled to it. Thats why I started this discussion

And a good discussion it is.

 

[Laguna]

Go to namebio and type in twitter .
And the past 5 years. There are twitter names sold. Are they all illegal ?

 

[Internet.Domains]

Go to namebio and type in twitter .
And the past 5 years. There are twitter names sold. Are they all illegal ?

It would most likely come down to the content. As long as there is no confusion to other TM's you would most likely be fine.

As an example, there are numerous domains with the term "Apple" and they are not violating the many Trademarks registered by a very well known company.

Having said that, I noticed CBD Apple.com is registered. Maybe a CBD infused apple is coming to a market soon.

 

[Laguna]

It's unlikely but not impossible that the domain could be worth a fortune if it's not TM. At this moment it's not for sale or advertised. If I hear officially it's 100% definitely TM then and only then, I will delete it from registration

 

[Internet.Domains]

CBD Amazon.com - The best CBD from the largest rain forest.

Amazon CBD.com forwards to a developed site.

 

[Bob Hawkes]

There are numerous possibilities in the .org extension for the sort of discussion site you mention, such as TalkCBD and CBDchat available for hand register. I realize not a com, but org does suit a discussion type of application and they are clearly removed from the TM issue.

 

[Joe N]

The most hilarious part of my day has been watching two different users here argue trademark law with the resident trademark lawyer.

Thanks for the laughs, guys. Glad I found this thread.