domain lamborghini.tv - bambi.tv :)

[gattoplano]

please give me some opinion on those two domains.

lamborghini.tv (best autos in the world, 400000+ overture searches)

bambi.tv (the nice little deer from disney, a cool name for a children web tv, isn't it? Anyway 70000 overture on July

Thanks!

 

[01wojtowicz]

wouldn't there be TM issues?

 

[Keynes]

wouldn't there be TM issues?

On the first name, certainly there are TM issues. The second one is less clear but with development it likely would be as well.

 

[gattoplano]

I'm owning the both of them actually.
I don't think there will be tm issues of any kind, expecially on Bambi.tv. Oh well, I hope so.

Did you have some bad experience of this kind?

 

[Badger]

yes you have TM issues on both.....

non generic words such as the ones you intimate doesnt negate you from a good sale

 

[ngi112]

right now you've got no TM issues on bambi.tv, but if you make a bambi website then yeah

 

[Sam]

Get rid of them Quick! TM written all over!

 

[gattoplano]

Please, I'm asking you to explain me this thing.
Where can you see tm issues?
Should I get rid of them right now? Why?
Please explain me, I'm getting worried

 

[Redleg]

You can search for Trademarks here:
http://www.uspto.gov/

WALT DISNEY'S BAMBI
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: bubble bath. FIRST USE: 20030320. FIRST USE IN COMMERCE: 20030320
IC 009. US 021 023 026 036 038. G & S: decorative refrigerator magnets; sunglasses; computer software featuring music videos, information trivia games, and animated stories for children and adults; pre-recorded audio and video cassettes, compact discs, motion picture films, and laser video discs all featuring family music, stories, and entertainment. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 014. US 002 027 028 050. G & S: Jewelry, clocks, and watches. FIRST USE: 20030215. FIRST USE IN COMMERCE: 20030215

IC 016. US 002 005 022 023 029 037 038 050. G & S: General-purpose paper bags; playing cards and greeting cards; calendars, stationery, gift wrapping paper; stickers, address books; and books and magazines featuring children's stories, games and activities. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 018. US 001 002 003 022 041. G & S: Travel bags, all-purpose sports bags, backpacks, wallets, hand bags, luggage and umbrellas. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 021. US 002 013 023 029 030 033 040 050. G & S: Glassware, dishes, figures made of porcelain, beverageware, household utensils, namely spatulas, whisks, hair brushes, tea kettles, and soap dishes. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 024. US 042 050. G & S: Fabrics and textile goods, namely bath linens, bed blankets, towels, and table linens. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 025. US 022 039. G & S: Adult and children's apparel, namely sweaters, shirts, T-shirts, sweatshirts, pants, shorts, undergarments, dresses, hosiery, footwear, hats, baseball caps, pajamas, nightgowns, jackets, masquerade costumes, ties and swimwear. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, namely plush toys, action figures , board games, dolls, puzzles, children's play cosmetics, soft sculpture toys, stuffed toys. FIRST USE: 20020831. FIRST USE IN COMMERCE: 20020831

Stay away from mentioning Walt Disney at all, and you could get away with that one.
But I can't see much use for it other than a Bambi fansite?..

"Tons" of TMs for Lamborghini, so there's really not much you can do with that one without violating any TMs (IMO)..

 

[gattoplano]

Oh well...
Bambi is just a name familiar to children and families, I can make a perfect children's website without mentioning Disney at all.

about Lamborghini... I don't know what to do, still need almost 3 months to transfer. I will keep it and see what happens. Thank you very much.

 

[Badger]

The thing about trade mark violations is that they are only violations if a TM owner believes so.

Therefore unless you have received either a cease and desist letter from an attourney or some other communique from Disney or Lamborghini then relax, and do what you want with your names.

As for the future and / or resale potential then im afraid thats pretty much non existant. No-one aside from a naive TM owner will part with serious money for these names. That said, i have seen TM owners prefer to pay TM violators and save the admin and legal time chasing you rather than serve legal papers. But on the same token, i have also seen TM owners pursue TM violators to the ends of the earth to "show others" that their mark is not too be messed with. Ebay, olympic federation are two such bodies.

If i were you i'd offer them wholesale and try and get your money back. Not worth developing as you never know when "they'll" come a knocking and not worth holding on for $$$$$ as its likely you could be threatened with nasty legal action.

But whatevertheweather, dont panic and dont believe anyone when they say non-development does not constitute a TM violation, as it can do. Certain marks are so distinct that trying to show your registration wasnt made in bad faith can be difficult

 

[Sinfully Wicked]

Hi,
Major TM issues on both of the domains, unsire about the car manufactuer, never heard of anything from them with how strict they are, but Disney protect there characters very closley.

thank you

Sin

 

[BriGuy20]

Lamborghini seems to be very protective of their trademark. I had to practially sign away my soul to get access to their photo library. I'd be careful with them.

Not so sure about Bambi, though. I think the story itself may be in the public domain, but if it refers to the movie too closely, you might get an angry letter from Disney.

 

[gattoplano]

Anyway, I own the domains.

You are right, they could be bored.

But are Disney and Lamborghini (WORLD leaders of cartoons and cars market) going to start a law action vs. me instead of buying them for something like xxxx ?
Actually, I saw 3 or 4 different "Lamborghini trademarks" and the Bambi word is used also for "Hunting for bambi", an american live porn game. Well... I think it's not easy as it seems, if I keep them undeveloped.

Or if I develop them with other things.

I'm not sure about it, but I guess they won't try to crash me before making a good offer - it's just time lost.

And if I lose, I'll have lost 100$ and goodbye.
I'm not using their logo or their material. No way I'll get rid of them without fighting (and at least I will have something to tell my friends for the life :D Gattoplano vs. Lamborghini - a nice conversation for my future jail cell, isn't it?)

 

[Badger]

And if I lose, I'll have lost 100$ and goodbye.

This is a common misconception and one which other cyber squatters in the past have believed is all their exposure... I can quote you case numbers if you want but people have been known to be made bankrupt through such activities...

 

[cache]

I hope my question is not off-topic. My question is: since the OP posted this in a public forum, can this thread be used against him in a TM legal battle?

 

[Badger]

I hope my question is not off-topic. My question is: since the OP posted this in a public forum, can this thread be used against him in a TM legal battle?

Normally yes, but thus far all the thread starter has asked is value, not that he intends to violate any trademark.

intimating that he intends to contact the TM owner or that the TM owner will offer him money does not (imho) show bad faith

 

[gattoplano]

oh my...



Ok, so what should I do? Contact Lamborghini myself and tell them I accidentally registered a domain with their trademark? (there are a lot of www.*lamborghini*.* around, actually, should I report them as well?).

Then, may I ask them to refund me the 50$ of registration?

Or, better than all, tell them that I'm a Lamborghini fanatic (truth) and I want to realize a fansite about their cars, with their authorization?

 

[Badger]

Ok, so what should I do? Contact Lamborghini myself and tell them I accidentally registered a domain with their trademark? (there are a lot of www.*lamborghini*.* around, actually, should I report them as well?).

You accidentally did so??? Hmm... might stack up.. :red: Not sure what relevance other squatters have to your regged..?

Then, may I ask them to refund me the 50$ of registration?

No

Or, better than all, tell them that I'm a Lamborghini fanatic (truth) and I want to realize a fansite about their cars, with their authorization?

a grey area. www.brucespringsteen.com was one such site... Most protection comes from being a critique of a TM's products/and/or services.

 

[.Mike]

lamborghini.tv

IMO you either 1) set up a fan site with no adverts on and as a hobbyist only (safe-ish but not 100%) 2) Set up a fan site and 'sneak' some adwords in and hope for the best (really they have you one this though ) 3) Sh*t or broke, go for it, risk you livelihood for the 10000/1 chance that you may make enough money from ppc or selling back to TM holder to retire (absolutely, totally not recommended) 4) just let is go 404 (safe-ish still not 100%)

or there is 5) cancel the reg on the domain and continue as you are - a happy go lucky hobbyist domainer (like most of us )...

To quote Clint Eastwood "do you feel lucky punk?"

Best of luck! %%-

Mike

P.S. I am no angel, but we must make our own decisions in this game.