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Consequences of Registering Trademark Domains

Located in Legal Discussion, started by snowbird, Dec 11, 2012

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  1. archers

    archers Account Closed (Disallowed)

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    You may succeed if you had no knowledge of the mark being already used, though unregistered. The knowledge can be presumed based upon your location and the location of the Trademark owner and any other evidence available during the UDRP proceedings !
     
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  2. lock

    lock DomainUsed.com VIP

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    I have had this happen they do it so you don't sell to others just jack up the price if they spent the money on trade mark they will sooner or later drop it or cave in. Reality is your the intellectual owner they are trying to lift it.
     
  3. hikari

    hikari Established Member

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    1)
    If I parked my apple site with ads relating to music, I assume that breaks trademark?

    2) Target (as an example), trademarked dictionary name, they sell anything from groceries to clothes to televisions. Does that mean their trademark covers almost all commerce?
     
  4. Ms Domainer

    Ms Domainer Top Contributor VIP ★★★★★★★★★★

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    Definite cybersquat.

    I'd throw that baby back into the domain name ocean.
     
  5. FortuneSeller

    FortuneSeller Established Member

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    I have bought a domain from godaddy, kamasutracrazy.com
    will the kamasutra word in it be an infringement to the trademark thing??
    Iam willing to sell the domain instead of developing it
    plz put some light on it
     
  6. iowadawg

    iowadawg Top Contributor VIP ★★★★★★★★★★

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    You okay on the kama sutra.
    Though the domain to me is useless.
     
  7. lock

    lock DomainUsed.com VIP

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    How and when did kama sutra get trademarked next steamed rice and kungfu will be trademarked by a westerner.
     
  8. payekz

    payekz New Member

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    hi, am a newbie, i checked the trademark for 'lastsold' and found out that 'last 10 sold' existed- the status is 'dead' because it was cancelled in 2013. is my domain, 'lastsold' ok?
     
  9. lock

    lock DomainUsed.com VIP

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    Seems a great domain.
     
  10. payekz

    payekz New Member

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    I thought the term 'domain name' is generic? I checked it up with uspto.gov and got 77 entries with 'domain name +words '. can one then say 'domain name' is trademarked and cannot be used by every other person? i'm confused on this term.
     
  11. citylines

    citylines Established Member

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    I had KindleStore.co.uk
    Then I got a 200 page letter from Amazon's legal team in the UK who bought it rather than take me to court.
    I'm sitting on a big one at the moment, being new & naive. I am seriously thinking of approaching the company to tell them I have it but I have also noticed legal firms using the word in their domain names trying to get work to pursue for damages as it is a medical treatment.
    So not sure what to do, if a registered law firm is using it they must be aware.
    Any advice would be helpful.
    Just been reading about newbie mistakes, sounded like someone familiar, but good advice.
    Many thanks.
     
  12. enlytend

    enlytend Moderator, NamePros Moderator VIP Gold Account Trusted Blogger ★★★★★★★★★★

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    There are resources throughout this section of the forum where you can learn about trademarks. If you're going to buy and sell domains as a business, its something you need to understand. At least the basics. Read. Learn.

    Until you have a good understanding of:
    • The difference between a tm and a copyright (because I've seen people on NP who haven't a clue)
    • How trademarks are granted and what purpose they serve
    • How to look up a trademark
    • How to read and understand the records returned when you do a trademark search, including how to look at various details and accompanying documentation
    • What types of trademarks there are
    • What "Live" or "Dead" means on a tm listing
    • Some understanding of arbitrary, fanciful, suggestive, descriptive marks.
    • What makes a "dictionary word" generic and when is it not generic (and why)
    • Why if a trademark has been registed for a dictionary word or phrase, legally it is NOT generic for the way it is being used.
    • What "infringing" is
    • What "dilution" is
    • What "tarnishing" is
    • What is a common law trademark
    • What is a UDRP and what things have to be proven in order for the complainant to win.
    • Why companies who have a trademark go after people who infringe on it
    • And for good measure, browse through the Lanham Act
    • Anything else that may pertain to trademarks in your country.
    ... until then, stay away from registering other peoples' trademarks. Simple!

    Don't copy what you perceive "someone else" as doing unless you understand why and what risks they're taking (if any)
     
    Last edited: Dec 3, 2016
  13. Dorkvader

    Dorkvader Established Member

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    Thanks this thread has helped me out a lot. I was a tad worried about TM issues with a few of mine but I think I'm okay.
     
  14. mreynolds

    mreynolds New Member

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    I got letter from smiley.com company to ask me to stop using domain freesmileyfaces.com because my domain has their trademark word “smiley”. What you guys think about this case?
     
  15. lock

    lock DomainUsed.com VIP

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    Nice try? What part of their business is free. I bet they just want your hard earned traffic. Unlawful claim imo.
     
  16. mreynolds

    mreynolds New Member

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    I did some research and found out they fought with Walmart about Walmart using the smiley face in their commercials.
     
  17. Dorkvader

    Dorkvader Established Member

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    I'd imagine you saw the same article I read, but this is all that matters. "Loufrani fought with Walmart for years, but the Trademark Trial and Appeal Board eventually sided with Walmart." from a CNN money article.

    I googled whether or not you can trademark a name and here is the short response "Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service"

    I'm not an expert on trademarks but I have done reading on subject. Just to cover my own bum, you should seek legal advice. But if I were in your shoes I would ignore it. If you do more digging on "smiley" and smiley faces they have existed since 2500BC. I think that would be on your side and help you out as well. The only area I think you might run into trouble is if you were copying his products/faces exactly.
     
  18. 28shanth

    28shanth Established Member

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    Every newbie need to read this thread fully. This is a very very informative thread about issues in registering a trademark domain. Many peoples were shared their views and insights in details. Thanks, all of you who contributed to this thread. (y)
     
    Last edited: Jun 6, 2019
  19. entrepreneur37

    entrepreneur37 Established Member

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    Hi, I'm new and want to register domains for sale.
    1. You say that if I, for example, register a domain with the word apple, but I don't sell phones and computers and sell apples, I won't have a problem. But I only register the domains to sell them, I don't use them, and there is nothing on them. In that case, can I have a problem, or will it be up to the person after buying it, then what will it sell in it and what will it use for it?

    2. If I use words by combining them like newhome.com, gaminglaptop.com newphones.com and the like. Can I accidentally infringe on a copyright or trademark. Words like phone, laptop and the like are common words and I don't know how to make sure one of the words or all does not match any brand or infringe any copyright?

    3. If there is a domain named newhome.com and I register newhomes.com or there is a domain named goodnews.com and I register newsgood.com will there be a problem?
    I don't want to steal domains or abuse brands like apple or microsoft, just by accident I may have registered a domain similar to another or trademark with common words like newhome, newphone, newphones, gaminglaptop and more


    So I ask here not to break the law. I want everything to be legal. Thank you all ! :xf.smile:
     
  20. Zagalee

    Zagalee Established Member

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    Another part I need to Learn in domain industry to avoid getting into any trouble . Thanks for the information.
     
  21. JamesDias

    JamesDias New Member

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    Hello

    What about LLL domains? Most of them are trademarked
     
  22. lock

    lock DomainUsed.com VIP

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    What does each trademark cover? It certainly doesn't cover every industry.
     
    Last edited: Jul 13, 2020

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