question E-NFT Trademark.

[Amit V]

I noticed a trademark has been filed for the term E-NFT in May.2021. I own the domain E-NFT.com since Sept 2020. Am I affected? I have started getting good offers for the domain.

https://uspto.report/TM/90704184

 

[NFTDom.com]

They would not be able to try and steal it from you, if that's what you mean.

You owned it first.

To save any headache, do not try and market to them directly..

It could potentially limit your ability to develop upon or operate a business with that name though, yes.

 

[karthick55]

After trademark application , it will go through various phases and advertising of mark calling for objections if any is a part of it. Any one affected by the application can file objections with in 30 days from publishing.

 

[honestbobby]

Well suppose IF they are using e-nft.co since July 2020...mr amit got the domain e-nft. Com in September 2020...and in October 2020 the company using e-nft.co.. Moves the application for trademark... Can they claim e-nft.com???

Well please take it as an example... A assumption... But please answer so that things clear more regarding trademarks...

 

[karthick55]

Only Facts in Trademark Application .it contains date of usage whether its proposed or already in usage . In this case, e-nft.co registered in April 2021. .com registered in 2020.

 

[honestbobby]

That's my question.. Suppose they are using e-nft. Co in July 2020...then???

 

[karthick55]

Anybody will register .co specifically? if .com is available for hand reg?.

I suggest honestbobby to please refer to legal section of namepros where Most of the general trademark questions are already answered by experts here.

 

[Revisiting]

I have started getting good offers for the domain.

From my experience, it's always worth trying to up those offers that are already received. The trouble with a recent TM application of this type* (If and when it goes live) It tends to scare off all those that were testing the water, and your then left with just the one potential buyer. Admittedly it's the best potential buyer but they tend to know that its a bit of a stale mate situation for both of you. Your probably be better off if the TM application fails in this particular instance

* Doesn't apply to generic word combos etc. But, those with a very limited field of application.

 

[jberryhill]

That's my question.. Suppose they are using e-nft. Co in July 2020...then???

It's really unfortunate that domainers ignore most of the useful data in USPTO records, because it is surprising how much one can learn by looking for the bigger picture instead of acting on the mistaken assumption that the USPTO database provides binary answers to binary questions.

There is a whole truckload of useful data here:

https://tsdr.uspto.gov/#caseNumber=90704184&caseType=SERIAL_NO&searchType=statusSearch

One of the first things to notice about this application is that it is an "intent-to-use" application. Now, ITU's can be filed even if the proposed mark is being used, but it is usually a good idea to have a look at the registrant when you are dealing with an ITU. In this case, the registrant is identified as:

EVNT Platform, LLC,
State or Country Where Organized:

NEVADA

Now, just about every state in the US provides access to their business entity database, and often a lot of that data is free. In Nevada, companies are registered with the Secretary of State, which provides a business search function here:

https://esos.nv.gov/EntitySearch/OnlineEntitySearch

Searching on the applicant, you find this:

Formation Date:

04/13/2021

Hmmm... okay, gee, we have an intent-to-use application filed in May 2021, by a company that was formed in April 2021. Since, unlike goodwill accrued through use, the mere "intent to use" is not assignable from one entity to another, then it looks like there wasn't a whole lot of time for this company to have been sitting around on that intent, and certainly wasn't around prior to April 2021 to do anything at all.

But, here again (and I'm not even going to get into the fact that this is a proposed figurative mark), the best way to find out the answers to secondary questions raised by "some thing I found in the USPTO database" is using Google.

Seriously, I cannot for the life of me figure out why people don't know how to use Google. It's a mystery that is probably going to the grave with me. Simplest damned thing in the world.

Very first result for "e-nft" in quotes on Google is this:

https://www.globenewswire.com/en/ne...ts-NFT-Technology-with-Launch-of-E-NFT-s.html

---------
Vinco Ventures Disrupts NFT Technology with Launch of E-NFT’s
April 21, 2021 08:30 ET | Source: Vinco Ventures, Inc.

Vinco Ventures’ subsidiary EVNT Platform, LLC to Bring Full-Scale, 3D NFT’s to Entertainment Market, Businesses, and Global Brands

Bethlehem, PA, April 21, 2021 (GLOBE NEWSWIRE) -- Vinco Ventures, Inc. (NASDAQ: BBIG), today announces the launch of subsidiary EVNT Platform, LLC. (DBA Emmersive Entertainment), poised to disrupt the NFT Market. EVNT Platform acquired software assets from, celebrity backed, Emmersive Entertainment, Inc. (a Delaware Corporation) and will be led by industry pioneers and Emmersive Entertainment, Inc. Co-Founders, David J Kovacs, International Superstar Flo Rida, and Erik Hicks. EVNT Platform will combine the proprietary technology with celebrity audiences to create a revolutionary E-NFT experience.

EVNT plans to bring E-NFTs, cutting edge 3-dimensional full-scale NFTs, to market this summer.
----------

Okay, so, one of the things required to be proven in, for example, a UDRP dispute is that the domain name was registered in bad faith - i.e. that the domain name was registered with an intentional purpose based on knowledge of someone else's trademark (or based on knowledge of pre-launch publicity or insider knowledge).

What problems might this applicant have if, in the future, they wanted to argue the domain name was registered in bad faith by the OP?

 

[Amit V]

It's really unfortunate that domainers ignore most of the useful data in USPTO records, because it is surprising how much one can learn by looking for the bigger picture instead of acting on the mistaken assumption that the USPTO database provides binary answers to binary questions.

There is a whole truckload of useful data here:

https://tsdr.uspto.gov/#caseNumber=90704184&caseType=SERIAL_NO&searchType=statusSearch

One of the first things to notice about this application is that it is an "intent-to-use" application. Now, ITU's can be filed even if the proposed mark is being used, but it is usually a good idea to have a look at the registrant when you are dealing with an ITU. In this case, the registrant is identified as:

EVNT Platform, LLC,
State or Country Where Organized:

NEVADA

Now, just about every state in the US provides access to their business entity database, and often a lot of that data is free. In Nevada, companies are registered with the Secretary of State, which provides a business search function here:

https://esos.nv.gov/EntitySearch/OnlineEntitySearch

Searching on the applicant, you find this:

Formation Date:

04/13/2021

Hmmm... okay, gee, we have an intent-to-use application filed in May 2021, by a company that was formed in April 2021. Since, unlike goodwill accrued through use, the mere "intent to use" is not assignable from one entity to another, then it looks like there wasn't a whole lot of time for this company to have been sitting around on that intent, and certainly wasn't around prior to April 2021 to do anything at all.

But, here again (and I'm not even going to get into the fact that this is a proposed figurative mark), the best way to find out the answers to secondary questions raised by "some thing I found in the USPTO database" is using Google.

Seriously, I cannot for the life of me figure out why people don't know how to use Google. It's a mystery that is probably going to the grave with me. Simplest damned thing in the world.

Very first result for "e-nft" in quotes on Google is this:

https://www.globenewswire.com/en/ne...ts-NFT-Technology-with-Launch-of-E-NFT-s.html

---------
Vinco Ventures Disrupts NFT Technology with Launch of E-NFT’s
April 21, 2021 08:30 ET | Source: Vinco Ventures, Inc.

Vinco Ventures’ subsidiary EVNT Platform, LLC to Bring Full-Scale, 3D NFT’s to Entertainment Market, Businesses, and Global Brands

Bethlehem, PA, April 21, 2021 (GLOBE NEWSWIRE) -- Vinco Ventures, Inc. (NASDAQ: BBIG), today announces the launch of subsidiary EVNT Platform, LLC. (DBA Emmersive Entertainment), poised to disrupt the NFT Market. EVNT Platform acquired software assets from, celebrity backed, Emmersive Entertainment, Inc. (a Delaware Corporation) and will be led by industry pioneers and Emmersive Entertainment, Inc. Co-Founders, David J Kovacs, International Superstar Flo Rida, and Erik Hicks. EVNT Platform will combine the proprietary technology with celebrity audiences to create a revolutionary E-NFT experience.

EVNT plans to bring E-NFTs, cutting edge 3-dimensional full-scale NFTs, to market this summer.
----------

Okay, so, one of the things required to be proven in, for example, a UDRP dispute is that the domain name was registered in bad faith - i.e. that the domain name was registered with an intentional purpose based on knowledge of someone else's trademark (or based on knowledge of pre-launch publicity or insider knowledge).

What problems might this applicant have if, in the future, they wanted to argue the domain name was registered in bad faith by the OP?

Well, where is the bad faith when the domain was registered in sept 09.2020 and the article is from 04.2021 .
Also, if you are a lawyer then its easy to say all this. If a patient comes to my practice with high BP I too could say why does he just not take a Beta Blocker or cant he look it up in Googe what he should take.
Stupid argument from you!

 

[scithe]

I'm looking at filing for a trademark myself and to my understanding, you don't get approved without actually using your trademark in commerce somewhere as you need to file a date for "first used in commerce"

I believe a website falls under this. So if they have one somewhere or maybe even an ebay account named e-nft, that could be bad if it was earlier than the handreg...but why wouldn't they have handregged the .com?

Disclaimer: I am not a lawyer. Just a newb with a keyboard.

 

[honestbobby]

It's really unfortunate that domainers ignore most of the useful data in USPTO records, because it is surprising how much one can learn by looking for the bigger picture instead of acting on the mistaken assumption that the USPTO database provides binary answers to binary questions.

There is a whole truckload of useful data here:

https://tsdr.uspto.gov/#caseNumber=90704184&caseType=SERIAL_NO&searchType=statusSearch

One of the first things to notice about this application is that it is an "intent-to-use" application. Now, ITU's can be filed even if the proposed mark is being used, but it is usually a good idea to have a look at the registrant when you are dealing with an ITU. In this case, the registrant is identified as:

EVNT Platform, LLC,
State or Country Where Organized:

NEVADA

Now, just about every state in the US provides access to their business entity database, and often a lot of that data is free. In Nevada, companies are registered with the Secretary of State, which provides a business search function here:

https://esos.nv.gov/EntitySearch/OnlineEntitySearch

Searching on the applicant, you find this:

Formation Date:

04/13/2021

Hmmm... okay, gee, we have an intent-to-use application filed in May 2021, by a company that was formed in April 2021. Since, unlike goodwill accrued through use, the mere "intent to use" is not assignable from one entity to another, then it looks like there wasn't a whole lot of time for this company to have been sitting around on that intent, and certainly wasn't around prior to April 2021 to do anything at all.

But, here again (and I'm not even going to get into the fact that this is a proposed figurative mark), the best way to find out the answers to secondary questions raised by "some thing I found in the USPTO database" is using Google.

Seriously, I cannot for the life of me figure out why people don't know how to use Google. It's a mystery that is probably going to the grave with me. Simplest damned thing in the world.

Very first result for "e-nft" in quotes on Google is this:

https://www.globenewswire.com/en/ne...ts-NFT-Technology-with-Launch-of-E-NFT-s.html

---------
Vinco Ventures Disrupts NFT Technology with Launch of E-NFT’s
April 21, 2021 08:30 ET | Source: Vinco Ventures, Inc.

Vinco Ventures’ subsidiary EVNT Platform, LLC to Bring Full-Scale, 3D NFT’s to Entertainment Market, Businesses, and Global Brands

Bethlehem, PA, April 21, 2021 (GLOBE NEWSWIRE) -- Vinco Ventures, Inc. (NASDAQ: BBIG), today announces the launch of subsidiary EVNT Platform, LLC. (DBA Emmersive Entertainment), poised to disrupt the NFT Market. EVNT Platform acquired software assets from, celebrity backed, Emmersive Entertainment, Inc. (a Delaware Corporation) and will be led by industry pioneers and Emmersive Entertainment, Inc. Co-Founders, David J Kovacs, International Superstar Flo Rida, and Erik Hicks. EVNT Platform will combine the proprietary technology with celebrity audiences to create a revolutionary E-NFT experience.

EVNT plans to bring E-NFTs, cutting edge 3-dimensional full-scale NFTs, to market this summer.
----------

Okay, so, one of the things required to be proven in, for example, a UDRP dispute is that the domain name was registered in bad faith - i.e. that the domain name was registered with an intentional purpose based on knowledge of someone else's trademark (or based on knowledge of pre-launch publicity or insider knowledge).

What problems might this applicant have if, in the future, they wanted to argue the domain name was registered in bad faith by the OP?

@jberryhill Please answer my query... Suppose a new company is using abcd.xyz since February 2020...i got the abcdxyz.com in may2020... They have not filed the trademark till August 2020...now the company is getting big... Is my domain in danger zone?? Though I never knew about the company... Got to know recently...

 

[scithe]

Since the domain sold, I am guessing they aren't going to try to take it with UDRP. Congrats!

 

[honestbobby]

it's sold at what price... Please share..

 

[Amit V]

it's sold at what price... Please share..

$8.5k

 

[honestbobby]

great sale bro ...congrats...