domain game.deals

[ajain]

Please take time to appraise domain name game.deals
Is this name good to develop a niche? I may plan to develop it as well.
Thanks

 

[idomains.co]

Good if developed .. From domaining point of view xx imo

 

[Brands.International]

Please take time to appraise domain name game.deals
Is this name good to develop a niche? I may plan to develop it as well.
Thanks

It is a nice name, and it actually makes a good sense.

It has a renewal of USD 37 attached to it, which is not so low - this is something that imo is at the edge of investment profitability in 2017.

Still, you will probably make a good profit from it - 5 years holding cost is around 200 USD, and imo there are good chances to resell the name for 1-3k during that period.

If you can really nicely develop it, you will increase your chances for both the sale and good selling price dramatically. I also think it would not hurt to make some outbound in this case, and also a good selling presentation for the name. The name is good, but not that good that one should expect inbound offers every week for it, so it might be helped maybe. Good luck

 

[ajain]

It is a nice name, and it actually makes a good sense.

It has a renewal of USD 37 attached to it, which is not so low - this is something that imo is at the edge of investment profitability in 2017.

Still, you will probably make a good profit from it - 5 years holding cost is around 200 USD, and imo there are good chances to resell the name for 1-3k during that period.

If you can really nicely develop it, you will increase your chances for both the sale and good selling price dramatically. I also think it would not hurt to make some outbound in this case, and also a good selling presentation for the name. The name is good, but not that good that one should expect inbound offers every week for it, so it might be helped maybe. Good luck

Thanks for your reply. I appreciate it.

 

[ajain]

Good if developed .. From domaining point of view xx imo

Thanks for your reply.

 

[Pepto]

Thanks for your reply.

http://www.trademarkia.com/ctm/trademarks-search.aspx?tn=game

Careful. It's trademarked

 

[ajain]

Careful. It's trademarked[/QUOTE]

Thanks for your reply. Game is a generic term/word...so it should no be an issue...

 

[slader23]

http://www.trademarkia.com/ctm/trademarks-search.aspx?tn=game

Careful. It's trademarked

Thats not how trademarks work......

Anyways, this name is pretty good. Its a word.word domain hack with decent search volume. NGTLD's are still a bit away from being fully recoginized by the general public so there is a definite risk factor in holding this domain name.

If you add content to it and try and get some partnerships/affiliations then you could definitely increase the value of the domain overall. It's still a very good name without development, so I would value it at $5k today and $10k+ 2-3 years from now.

Anyone who still games like me would understand the meaning of this name. Game discounts, product codes, accessories and swag...this name could sell all those things.

Good luck!

 

[ajain]

Thats not how trademarks work......

Anyways, this name is pretty good. Its a word.word domain hack with decent search volume. NGTLD's are still a bit away from being fully recoginized by the general public so there is a definite risk factor in holding this domain name.

If you add content to it and try and get some partnerships/affiliations then you could definitely increase the value of the domain overall. It's still a very good name without development, so I would value it at $5k today and $10k+ 2-3 years from now.

Anyone who still games like me would understand the meaning of this name. Game discounts, product codes, accessories and swag...this name could sell all those things.

Good luck!

Thank for your feedback. Much appreciated!

 

[toughdomains]

good name...one word gtld I would ay worth x,xxx

 

[ajain]

good name...one word gtld I would ay worth x,xxx

Thanks for your feedback! I appreciate it

 

[Pepto]

Thats not how trademarks work......

Anyways, this name is pretty good. Its a word.word domain hack with decent search volume. NGTLD's are still a bit away from being fully recoginized by the general public so there is a definite risk factor in holding this domain name.

If you add content to it and try and get some partnerships/affiliations then you could definitely increase the value of the domain overall. It's still a very good name without development, so I would value it at $5k today and $10k+ 2-3 years from now.

Anyone who still games like me would understand the meaning of this name. Game discounts, product codes, accessories and swag...this name could sell all those things.

Good luck!

Aye boss i just replied with be careful. We have a huge retailer in the UK called GAME. I would urge him to make sure everything is ok before he looks at re-selling.

It's a really nice name though fingers crossed there is no issues.



For certain he can't use
Mark details
Colours Claimed/Indication
The applicant claims the colours pink and turquoise as an element of the mark.

https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU002300028

 

[slader23]

Aye boss i just replied with be careful. We have a huge retailer in the UK called GAME. I would urge him to make sure everything is ok before he looks at re-selling.

It's a really nice name though fingers crossed there is no issues.
Show attachment 66732


For certain he can't use
Mark details
Colours Claimed/Indication
The applicant claims the colours pink and turquoise as an element of the mark.

https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU002300028

That Mark is classed by color, it doesn't stop anyone using the word game. You can't trademark generic terms like GAME in a way that stops people from using them for business otherwise they'd only be one company called game and every single game+word business would not exist. In addition to this for a UDRP to even be somewhat valid the complainant must have verifiable rights to the name and that trademark only expresses rights to a use of certain colors with the word GAME...it has absolutely nothing to do with Game Deals.

 

[Pepto]

That Mark is classed by color, it doesn't stop anyone using the word game. You can't trademark generic terms like GAME in a way that stops people from using them. In addition to this for a UDRP to even be somewhat valid the complainant must have verifiable rights to the name and that trademark only expresses rights to a use of certain colors with the word GAME...it has absolutely nothing to do with Game Deals.

I specifically said about the usage of the logo or any similarity could be murky water down to the colour and the the placing.

Something i grabbed from wikipedia under personality rights

Courts will typically consider eight factors when weighing a false endorsement claim, in order to determine the likelihood of consumer confusion - Wikipedia (applies to US law)

1. the strength of his mark.
2. the degree of similarity between the two marks.
3. the proximity of the products/services.
4. the likelihood that the prior owner will bridge the gap.
5. actual confusion.
6. the defendant's good faith in adopting its own mark.
7. the quality of the defendant's product.
8. the sophistication of the buyers.

I'd be paying close attention to 5 confusion. The best thing @ajain can do is speak to someone qualified in that field ,that's my personal opinion.

I understand its a generic term but giving any company an excuse to try there hand then they will especially .

Hypothetically he/she decides to build it using a similar platform to http://www.game.co.uk/en/games/deals/

Just giving you my advice rather than tell you otherwise.

 

[slader23]

I specifically said about the usage of the logo or any similarity could be murky water down to the colour and the the placing.

Something i grabbed from wikipedia under personality rights

Courts will typically consider eight factors when weighing a false endorsement claim, in order to determine the likelihood of consumer confusion - Wikipedia (applies to US law)

1. the strength of his mark.
2. the degree of similarity between the two marks.
3. the proximity of the products/services.
4. the likelihood that the prior owner will bridge the gap.
5. actual confusion.
6. the defendant's good faith in adopting its own mark.
7. the quality of the defendant's product.
8. the sophistication of the buyers.

I'd be paying close attention to 5 confusion. The best thing @ajain can do is speak to someone qualified in that field ,that's my personal opinion.

I understand its a generic term but giving any company an excuse to try there hand then they will especially .

Hypothetically he/she decides to build it using a similar platform to http://www.game.co.uk/en/games/deals/

Just giving you my advice rather than tell you otherwise.

You should look up the rules on UDRR's.

They cannot prove 2/3 required aspects of a sucessful complaint for them to get the domain. For a UDRP to be successful, you must be able to prove ALL 3.


(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.


They would not be able prove the 1st, given how specific their trademark is, nor can they prove the second, and probably even the 3rd.

I suggest you take a good look at how UDRP's work before telling someone to be careful about potential litigation against them.

https://www.icann.org/resources/pages/policy-2012-02-25-en

 

[Pepto]

You should look up the rules on UDRR's.

They cannot prove 2/3 required aspects of a sucessful complaint for them to get the domain. For a UDRP to be successful, you must be able to prove ALL 3.


(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.


They would not be able prove the 1st, given how specific their trademark is, nor can they prove the second, and probably even the 3rd.

I suggest you take a good look at how UDRP's work before telling someone to be careful about potential litigation against them.

https://www.icann.org/resources/pages/policy-2012-02-25-en

I't depends on what the complainer issues your stating that "if" it arose to anything it be scrapped but you failed to put exactly what those are and with reason

So lets look at 4. Mandatory Administrative Proceeding.

a. Applicable Disputes

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and - Could Argue That It was under complainant has rights to GAME logo trademark .identical or confusing

(ii) you have no rights or legitimate interests in respect of the domain name; and - Speaks for itself

(iii) your domain name has been registered and is being used in bad faith. - This could be argued

Again these are not for you and i to argue as i assume we have no power over ICANN proceedings.

b. Evidence of Registration and Use in Bad Faith

"if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith"

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or - Could be argued

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or - In respect the company in which this confusion has arisen has been trading for some time under the name GAME from 1991 and at the forefront of gaming retail in the UK again this could be argued

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or - same as above with the current being www.game.co.uk

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. - Not currently but this would be if it bared any similarity right down to the same platform in game sales. ICANN would decide wither there is intent

How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.


(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or - game.deals - / to deal is an agreement or arrangement in which A party has a contract with another/several -verbal /written etc . The domain starts with Game so one can assume it's video electronics or it could be a list of things

(ii) you (as an individual, business, or other organisation) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or - New domain

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. - This is an obvious course they could potentially pursue especially misleading consumers as the company in questions has campaigned on all platforms of media with the marketing strategy time and time again using Game Payday Deals , Game Deals of the week ,Black Friday Deals etc

 

[Pepto]

Think i hit a word limit . I'm speaking to Lawyer this week might ask him for some insight on it because it is certainly interesting.

Again i could be completely wrong but that is my interpretation of ICANNS rules .

I'm not saying that its a trademarked name but i am saying that it's a very thin line.

 

[slader23]

I't depends on what the complainer issues your stating that "if" it arose to anything it be scrapped but you failed to put exactly what those are and with reason

So lets look at 4. Mandatory Administrative Proceeding.

a. Applicable Disputes

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and - Could Argue That It was under complainant has rights to GAME logo trademark .identical or confusing

(ii) you have no rights or legitimate interests in respect of the domain name; and - Speaks for itself

(iii) your domain name has been registered and is being used in bad faith. - This could be argued

Again these are not for you and i to argue as i assume we have no power over ICANN proceedings.

b. Evidence of Registration and Use in Bad Faith

"if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith"

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or - Could be argued

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or - In respect the company in which this confusion has arisen has been trading for some time under the name GAME from 1991 and at the forefront of gaming retail in the UK again this could be argued

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or - same as above with the current being www.game.co.uk

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. - Not currently but this would be if it bared any similarity right down to the same platform in game sales. ICANN would decide wither there is intent

How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.


(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or - game.deals - / to deal is an agreement or arrangement in which A party has a contract with another/several -verbal /written etc . The domain starts with Game so one can assume it's video electronics or it could be a list of things

(ii) you (as an individual, business, or other organisation) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or - New domain

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. - This is an obvious course they could potentially pursue especially misleading consumers as the company in questions has campaigned on all platforms of media with the marketing strategy time and time again using Game Payday Deals , Game Deals of the week ,Black Friday Deals etc

I've already told you that their current trademark is too specific and classed by color. Highlighting and bolding will not change anything. Their mark relates TO A SPECIFIC USE OF COLOR WITH THE WORD "GAME". Therefore unless the word GAME in GAME.DEALS is the EXACT SAME COLOR, as what is described in the mark, they cannot prove anything. You've only been here a few months, I suggest you read historical UDRP hearings...this way you will understand how they work and what constitutes a successful dispute by a complainant. If you don't understand what you are talking about, writing long paragraphs...means nothing.