Does this guy have a chance of keeping his TM? Domain name?

[GreenGambler]

Hello,

I was on a forum earlier today where the owner stated that a company is trying to stong arm him out of his domain name.

The website/forum is Blockbustertv.com, the company..Hmm.. Blockbuster video..

I'm pretty sure this guy doesn't have a chance of keeping his domain name, but I am not an expert in TM infringment cases so I thought I'de run it by you guys to see what you think.

Here is the thread on his forum where they are discussing the matter:

http://www.blockbustertv.com/showthread.php?t=309386

Maybe you can drop by and give him some tips or advice on the matter.

Does he have a chance of keeping his name?

GG

 

[LMScotty]

Hey thanks for the help with the site problem. I'm a Global moderator on Blockbustertv.com, there are two of us mods on the site who help Alex out, there is me(Scott) and my Brother KCCowboy7164. We have been in his services for almost a year now, but he has had the Domain Name for around two years. Again thanks for your support.

 

[domainman101]

you are offering free movies, and tv im sure alot of blockbusters clients are not happy about this, and since you are operating in a similar space, I think blockbuster has a case. It is bad faith, if you had your own programming, you could make a case, but you are offering services blockbuster offers, under the TM name.

 

[lzy]

Good luck. It won't be an easy fight to keep the name.

 

[Rob J]

Sorry to say, I don't think you have a chance in hell. Better get started on rebranding the site...

Maybe if you're nice they'll let you retain the domain for a few months and forward it to your new domain to minimize your traffic loss.

 

[metronome]

urgh, blockbuster is kind of deal in at least winnipeg area here..., not as famous as FMV, but they kind of have some presences, and I think they have been here at canada for a long time.

I think this will be hard fight.
but blockbuster itself is supposed to be quite generic.....so I am not sure, there will be a chance to win, but kind of hard fight.

good luck

ps. I am not sure about american-canada territory fight over canadian name, but I guess if you are canadian, your chance is even smaller haha. if you are american, guess u cud just get lawyer.

 

[JMJ]

Isn't blockbuster about bankrupt anyway? I mean who really goes to a video rental place anymore?

 

[cache]

your chance is quite small in this case

 

[lzy]

How come I don't seem trying to steal Blockbusters.com (it's parked)? :o

 

[Rob J]

This is akin to opening a fast food burger restaurant and calling it "Burger King Food".

 

[PowerUp]

I thought BLOCKBUSTER is a generic keyword?

If babyfood.com registers BabyFood as trademark, then does that mean that babyfoodshop.com and babyfoodguide.com is infringing on the babyfood trademark and has to handover these domains to babyfood.com? This is crazy.

If this is the case, then what is stopping a thief from TM-ing whatever single keyword generic domain that hasn't been TM-ed yet, and then go demanding the 2 and 3 keywords .com to handover their domains to him?

If this is true, then there is even more money to be made in reverse domain hijacking than domaining.

 

[Rob J]

I thought BLOCKBUSTER is a generic keyword?

If babyfood.com registers BabyFood as trademark, then does that mean that babyfoodshop.com and babyfoodguide.com is infringing on the babyfood trademark and has to handover these domains to babyfood.com? This is crazy.

If this is the case, then what is stopping a thief from TM-ing whatever single keyword generic domain that hasn't been TM-ed yet, and then go demanding the 2 and 3 keywords .com to handover their domains to him?

If this is true, then there is even more money to be made in reverse domain hijacking than domaining.

Blockbustertv.com was registered a little over a year ago, Blockbuster has been in the movie business for who knows how long, over 20 years. There is no doubt that Blockbustertv.com is trying to ride the coattails of Blockbuster.com . So try to explain how this is reverse domain hijacking? It's not even close...

 

[Len]

Problem here IMO is that the domain is being used for virtually the same type of commodity that Blockbuster supplies...Movies!! This could be perceived by wipo as cybersquatting. I don't think you would have much chance fighting this, however stranger things have happend.

 

[Slick Domains]

"I thought BLOCKBUSTER is a generic keyword?"

Huh? What is a blockbuster? It was a word made up by a video rental company. Because it has been around so long it may seem generic, but it isn't. You can't trademark generic terms.

As mentioned above, if the site offered camping supplies or something it may have a chance, but it is in the same line of business as Blockbuster and will cause people to think the site is affiliated with Blockbuster. That is the problem and the reason it will be taken away.

I would recommend finding a brandable domain name and transfer everything over. Save yourself the legal fees.

 

[PowerUp]

"I thought BLOCKBUSTER is a generic keyword?"

Huh? What is a blockbuster? It was a word made up by a video rental company. Because it has been around so long it may seem generic, but it isn't. You can't trademark generic terms.

As mentioned above, if the site offered camping supplies or something it may have a chance, but it is in the same line of business as Blockbuster and will cause people to think the site is affiliated with Blockbuster. That is the problem and the reason it will be taken away.

I would recommend finding a brandable domain name and transfer everything over. Save yourself the legal fees.

In my country, then word blockbuster is used all the time referring to movies with very high cinema revenue. These movies are called blockbuster movies. So... it's not a trademark. There used to be a time when a cigarette company (Dunhill) movie would sponsor blockbuster movies for air on free tv and these movies collectively were advertised as "Dunhill Blockbuster Movies"

 

[Michael]

It is a dictionary term relating to the movie industry: "a motion picture, novel, etc., esp. one lavishly produced, that has or is expected to have wide popular appeal or financial success."

Blockbuster Video is still going to crush though.

 

[advaita]

It seems to me blockbuster was a word long before Blockbuster decided to hijack it for its video rental business, but they have according to their site they have got it trademarked (can you fight trademarking decisions?). Like somebody else said if you can trademark blockbuster then you can trademark anything - e.g. BestSeller, BestOf etc... . But seeing as they've got the trademark then I don't see what you can do.

Just for info BlockBlustertv.com Blockduster.com Blockcuster.com BlockMuster.com BlackBuster.com ClockBuster.com are all parking pages

 

[Rob J]

Well there are probably thousands of examples, Holiday is certainly a generic dictionary word, that doesn't mean it would be right to let someone name their gas station "Holiday Gas".

 

[Michael]

Well there are probably thousands of examples, Holiday is certainly a generic dictionary word, that doesn't mean it would be right to let someone name their gas station "Holiday Gas".

Or their hotel "Holiday Inn".

 

[undream2]

People trade mark names all the time, that seem generic.. Just as, Donald Trump trademarked "You're Fired!", or tried to atleast. Don't know what happened there..

But, the site has no chance.. He won't even be able to claim that blockbuster is a generic word, since it is probably not even considered a generic word anymore... Since, blockbuster got the trademark in the first place, many years ago...

And, the word blockbuster was really used way,way,way, back in the day and generic.. When theatres were invented.. Noone really says, blockbuster anymore unless they are writing a review, or talking about the rental store...