Looked at it a year ago, but avoided because of the potential. Keep in mind "Confusingly Simliar" is part of the evaluation in the application of TM and domains, so IMO if the site is used in conjunction with wheels, there is a potential...Abdulla said:great pick, but the question is, will there be any legal issues about it? i would guess 'DUB' is a trademark...
I'm not a Trademark/Patent attorney, so I don't know all the finite details. I do converse regularly with one, and do hold a number of trademarks, so I have spent quite a bit of time regarding the issue. Best of luck, maybe you'll have an automatic advertising sponsor. :tu:yoyosean said:there is not a potential if something is used in common as in slang as well as general terms you cannot claim a trademark on that terminology i.e. discount tire, and tire rack cant claim use to the word tire because it is in their tm, nor could anyone claim the right to wheels.com or wheels. anything or wheels, as in the same way as dubs.
westblock said:I'm not a Trademark/Patent attorney, so I don't know all the finite details. I do converse regularly with one, and do hold a number of trademarks, so I have spent quite a bit of time regarding the issue. Best of luck, maybe you'll have an automatic advertising sponsor. :tu:
DUBS
G & S: LAND VEHICLE PARTS, NAMELY WHEELS.
http://tess2.uspto.gov/bin/showfield?f=doc&state=qiecqi.2.158
DUB TV
G & S: Entertainment services in the nature of ongoing television programs in the fields of automobiles, automobile-related issues, automotive lifestyles, news, comedy, variety and action
http://tess2.uspto.gov/bin/showfield?f=doc&state=qiecqi.2.91
In case you want the full list of related "DUB" TM's
http://tess2.uspto.gov/bin/showfield?f=toc&state=qiecqi.2.1
Just trying to help out the community - not an attack, not arrogance, just lending a little information where I can since I take away alot from here...antonis12 said:westblock, you do not mess around!
the Dub TV is potentially a problem. yoyosean, you want to avoid the fate of Speed.tv so keep your nose clean
yoyosean said:when there are an over abundance of tm's on one term i do not feel like there is any issues.
thanks for the input
In a word - YES. Linda Rodman has held the Goods & Services Trademark "Dubs" as related to LAND VEHICLE PARTS, NAMELY WHEELS since 2003 and was first used in commerce January 29, 2003. Because the com parking page has been around since 2006 has no bearing on infringment. It means the Ms. Rodman and her attorney Russell R. Palmer, Jr have choosen not to pursue action. Should she choose action, the com owner is in total infringment of her trademark and at risk of losing a UDRP hearing. If the com owner was using the name relating to fashion, computers, etc anything other than LAND VEHICLE PARTS, NAMELY WHEELS there is no risk UNLESS it is used in a similar or confusingly similar nature as one of the other 183 "dub" tradmarks. I disagree that three qualified TM attorneys would agree with your position, and to get an evaluation the cost would run anywhere from $150-$1000 for review, so you are saying that you have now spent between $450-$3000 to defend you point at Namepros over a $30 domain?yoyosean said:http://www.dubs.com/ has been around since 1996 and advertises wheels and rims, are they in tm infringement?
yoyosean said:they can tm dub for a magazine, they can tm it for clothes but they cannot tm it for its common used term (wheels) I have already spoken with three tm attorneys regarding this issue and they all seem to agree with me.
