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DNQuest.com said:intent and usage plays a huge part..... apple is in the dictionary... but be sure if you have apple in your name and selling music, you will get C+D. TM law is not alwyas common sense. So dont fool yourself.
BloGamble said:Here is what I think of the situation:
Singular:
Torrents is a dictionary word like Logos. Both are TMd and both domains can be sold no problem. As long as you don't attempt to sell the domain to the trademark owner. And as long as you are not trying to compete with the trademark holder with a website which does.
2 or more:
Now with say Bit Tor Rent or Bittor Rent it may be different? but it is made up of 3 dictionary words LOL or 2 other ways. And if you are not competing with a website??? If a domain bittorrent .ext was sold without the owner having been C&Dd, would they have a case? if you say you did not know it was TMd? And you had no website.
Almost every dictionary word under the sun is TM!!!
Is this correct? What do you think?
I saw someone selling logos .mobi on Sedo and decided to look up the TM 'logos' and of course it was there, almost every name in the dictionary is there. Yet the person selling the domain will never get sued for selling it. And for example becast.com just sold, yet cast is a TM....labrocca said:Are you trying to apply your own logic to TM law? It's really not all that difficult to understand or to interpret the application. Read about TM's don't guess.
No, sorry i am saying I already know the answer to this question. I have no chance of using this domain for any purpose whatsoever!labrocca said:2 or more doesn't matter? What are you talking about? Do you think because your domain name has more than 2 words you can't have a TM problem? There is ALWAYS a possibility of a TM problem...wrap your head around that one to start off.
BloGamble said:Yet the person selling the domain will never get sued for selling it