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

 

[jberryhill]

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

Yes, the word "twitter" means to communicate. Verbally. In person. Making "twittering" sounds.

The trademark TWITTER covers (among other things):


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

Lets see if I can make this any more obvious to you. Look at what you are saying, and what the trademark is for:

I wanted a domain that could be used as a chat forum

Goods and Services IC 038. US 100 101 104. G & S: ... providing on-line chat rooms ...

Your statement means, directly, "I wanted a domain name that could be used for one of the services for which TWITTER is a trademark."

Here's the deal. You can say all day long that "twitter means to communicate". That doesn't change the fact that "twitter" does NOT mean "on-line chat room".

The trademark, TWITTER, covers a variety of online chat mechanisms. You want to go offline and twitter about something, then you go right ahead and do that. But what you have said, yourself, unprompted, translates directly to "I want to infringe their trademark".

Because there is no other way to understand the intent to use "twitter" for "a chat forum", than as a statement of intent to infringe their trademark.

There are a LOT of words which mean "to communicate" in one way or another.

Did you think of CBDChatRoom? CBDTalkForum? CBDChatter? Nope. Gee, what could POSSIBLY, among dozens of words which mean "communicate" in one way or another, have inspired anyone to think that "twitter" would be a good pick for online communications?

Not chatter, gossip, babble, prattle, yak, rap, jabber, or any of dozens of other synonyms for "talk". No, someone is supposed to believe that totally unrelated to any possible inspiration based on one of the most well-known trademarks for online communications on the planet earth, someone just happened to think "twitter" might be a good pick here.

I mean what POSSIBLY could have made you think there might even be any question worth posting in the legal section of a domain name forum about that?

 

[Internet.Domains]

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.

If you really want to get a laugh, go to court. While there, you can watch lawyers argue law all day. If that's your thing, of course.

If law was exact science, we wouldn't need judges.

 

[jberryhill]

If law was exact science, we wouldn't need judges.

But that doesn't mean every legal question is a "close call". This one isn't.

Cases go to trial because (a) there is significant uncertainty in the outcome making it worthwhile, or (b) the parties are unable to resolve their problem. The majority of lawsuits, by far, settle.