Labeled as discuss in Domain Buying and Selling Discussion started by Super-Annuation, Jun 26, 2019.
What do you guys think?
Pretty clever, right?
Considering cloudBank has 2 trademarks and ibm has a trademark for smartcloud I’d say delete them.
Would the spelling differences not be a factor? I'm not completely familiar with trademark law.
Also, what countries hold the trademark. If not Australia then I'm fine
It’s confusingly similar which is grounds for a violation. Also since you registered after the trademarks it looks like ill intent. Register nothing without checking variants at Trademarkia or TESS.
I usually use WIPO, but just got careless. Rookie error. Do you know if both have a trademark in every country?
Even if nobody comes after you nobody smart will buy those names due to trademark conflict.
You check WIPO and TESS
Dot coms are under the jurisdiction of US law. Where you are is irrelevant.
There are a more than one sharing the name cloud bank in Australia, so I guess services are distinguishable from each other, or the trademark has been leased out.
In this instance, LG and LoudCloud inc share Smart Cloud class 9, so the services might be a little different, which makes it fine. Take Nike for instance. I can use their logo on a chip packet, as long as they don't have that class trademarked (which I don't think they do)
I could easily trademark SmartKloud or KloudBank, under whatever class it is for printing designs on shirts, and simply offer a clothing line.
I won't get into trouble for holding them, but I might get into trouble if I were to offer a cloud based ecommerce platform etc, pending on the class in and service parameters.
She'll be right mate
Who would use the word "kloud" ? I don't even see any end-user for this names...
Misspelling the word cloud just doesnt work, I tried this years go. Ive sold a lot of cloud names and companies want the word "Cloud"
Thanks for this. I'm still new to trading. Judging by the domains in your signature I'm going to think you know what you're talking about.
I usually only ever try exact spelling, but I really wanted a cloud (albeit Kloud) domain.
No you can't.
The nike 'swoosh' tick thing, yes you can
Sure, technically you can do anything. That swoosh of theirs is one of the most recognized TMs worldwide.
Any lawyer will kindly advise you not to put that on a bag of chips.
I can't send you links, but I did some research, and visited some intellectual property lawer websites, and they actually used the example I gave you, stating the parameters of intellectual property protection.
If it isn't covered by a trademark, you should be allowed to use it. If it is, then you shouldn't be allowed.
Do some research on google. You'll find if they haven't covered the class, and the services aren't similar, then its open to anyone, which is fair and law. If they don't want the 'swoosh' on a pack of chips, then trademark at least one food item or food service, and provide the service to maintain the trademark.
Can I ask you why a lawyer wouldn't recommend it?
Don't believe everything you read online I gotta run to get to a meeting but I'll elaborate on it later on.
As promised... I could type a long essay and explain but instead I've opted for a more visual way to get to the point.
Now tell me that doesn't look like a legal liabillity?
A legal liability in more ways than one.
Do you understand this one?
ah, that brings back some memories
The only "Kloud" I would want is "Kloud.com".
To my understanding, It would depend on the parameters of Nike's trademark.
Can I call a mechanic work shop McDonald's? Probably.
Just because it's a trademark doesn't exactly mean they have Universal rights ti the brand name. .
It depends on the classes covered (eg. 35, 36, 9, 4) and the services covered in the class (eg. 36, financial research, computerized financial services.)
Conflicts occur when it becomes difficult to distinguish between the two names.
Blockchain: wine and beer
Blockchain: financial cloud service
Both could coexist, as long as the trademark, for say wine, was available and no opposition from anyone.
So I can keep/sell my Smart Kloud and Kloud Bank and find an available service
[QUTE="NameDeck, post: 7291377, member: 1009394"]As promised... I could type a long essay and explain but instead I've opted for a more visual way to get to the point.
View attachment 122274
Now tell me that d
Separate names with a comma.