.tv LLLL.tv and the law

[eatburgers]

This is probably a newbie question but that makes sense because I am a newbie.

I am looking at some LLLL.tv domains that very much can be associated with certain tv channels. However I dont believe they are trademarked, but where can I check this? What are the implications with this, how do I find out whether they are domains I would get sued over. Because I dont want to go anywhere near that sort of thing.

Would it be acceptable to approach the TV stations with such domains?

Thanks

 

[ThreeD]

You should probably know that a brand doesn't HAVE to be registered as a trademark if the mark is properly integrated and wellknown on the market. A trademark works as an extra security for any corporation, but technically it's not a necessity. If it's a famous brand / name, the lawyers will hunt you down with a lawsuit either way.

For us trademarks take a closer look at this.

 

[Argos]

Don't play with fire, stay away !

You use my name + .tv = obvious bad faith.
In addition you contact me with a view to resell the name... :lala:
I don't need a TM, but just my popularity as an established channel, to send you to UDRP and even to sue you.

 

[gr8trfoo]

...

 

[eatburgers]

Fair enough, I'll stay away. At least I asked here beforehand instead of actually going for it.

 

[eatburgers]

I'm mainly asking this because in a thread on this sub-forum (cant find it now), advice was given to register those random LLLL names that US local TV stations have, and then approach said stations trying to make a sale.

I'm guessing by the replies in this thread that that suggestion was probably sarcasm but just thought I'd ask.

Thanks for your replies.

 

[fm1234]

Thanks for the link eatburgers. Broadcast call signs actually work a lot like domains, if domains were run and controlled by the government. Only certain authorised entities can obtain a call sign, and it has to adhere to a certain format. The sign remains the property of the government, and when it is no longer in use (for whatever reason) it is released back into the pool of available call signs.

Although call signs can be protected under service mark guidelines (as distinct from trademark) a) most are not and b) even for one that is, a UDRP would require a show of bad faith. This WIPO case is particularly interesting. It was a slam-dunk since the defendant never bothered to respond, but the domains in question were pretty obviously "bad faith registrations" per WIPO guidelines, eg. the call sign plus the keyword "sports," call sign plus "weather" etc.

Picking up a "call sign domain" that matches a radio station or small regional broadcaster, which is what I suggested in the above-mentioned thread, with the idea that it could be sold, held, developed under contract etc. doesn't come within a light year of what went on in the Gray Television v. Manila case. You could enter every call sign in use on every TLD in use and relatively few of them are going to come up as being in use by broadcasters, and most of those few on .coms.

The idea of playing it safe with regards to trademarks, service marks and other forms of intellectual property have merit obviously, but to be clear, I wasn't actually talking about trying to register someone's business name and sell it back to them in the mentioned thread either.


Frank

 

[eatburgers]

I understand that, I wasn't thinking of their business name, and I know that the LLLL.tv letters could easily be abbreviations of something else, but I guess what I was concerned about is when you actually try and sell it to these end-users, because then its obvious that you were thinking of them at registration.

Thanks

 

[eatburgers]

I have another slightly related question, what about peoples names? I.e. famous people. I've found a few that would probably be quite good with the .tv extension, and I've seen people on this forum advertising such domains but whats the rules here?

Thanks again.

 

[DU]

I have another slightly related question, what about peoples names? I.e. famous people. I've found a few that would probably be quite good with the .tv extension, and I've seen people on this forum advertising such domains but whats the rules here?

Thanks again.

If they want it they pay $1500 they get it back. Your name sits on a UDRP complainant file for everyone to see. People will laugh at you.

Search Chris Bosh.:imho:

 

[eatburgers]

The persons name or the tv station? I dont have any of these domains, just seen a few that are available, but I wanted to know about the legality of such issues, and now I'm thinking I'm going to steer clear.

---------- Post added at 06:31 AM ---------- Previous post was at 06:29 AM ----------

If they want it they pay $1500 they get it back. Your name sits on a UDRP complainant file for everyone to see. People will laugh at you.

But what if I offered it to them for $150?

I'm not actually seriously considering doing this, just learning as I go along. I'd rather not get into the sort of thing like pimping peoples names to them.

 

[fm1234]

Note that what you see people apparently getting away with and what the rules state are not always the same thing. The problem is that when a given celebrity or trademark holder is made aware of the names and decides to take action on it, it's a trivial thing for them to get it back and you will almost always lose.

I'm frankly astonished that most of the major marketplaces appear to take no action at all on obvious trademark infringement (to say nothing of the more subtle issue of the original post here; sorry to threadjack.) Read NameBio's sale lists and you'll see one after another after another blatantly infringing domains being sold, usually computer and tech company and product names, at all the major markets (sometimes for pretty serious cash too, which is mind-blowing given that the buyer is shelling out real money with either no understanding of the possibility of losing the domain the next day, or simply in disregard of this possibility.)

Anyway, again, I don't mean to threadjack -- just saying, what you see out there in domainland is not generally the best indicator or even suggestive of the state of domain law.


Frank

 

[discovernow]

This is probably a newbie question but that makes sense because I am a newbie.

I am looking at some LLLL.tv domains that very much can be associated with certain tv channels. However I dont believe they are trademarked, but where can I check this? What are the implications with this, how do I find out whether they are domains I would get sued over. Because I dont want to go anywhere near that sort of thing.

Would it be acceptable to approach the TV stations with such domains?

Thanks

Others answered your question, but you may want to consider numbers. For example, let's say you register 123.tv (just an example) and you contact all channel 123 you can find. Google shows the following

"Results 1 - 10 of about 82,900 for "channel 123"

That could work if you want to go that direction. I bought 5 number names, all 2 digit with the sole purpose of reselling to a station with that channel#. Just an idea for you.

Thanks, Jim