domain MoneyMagazine.com

[CrowEel]

Please appraise MoneyMagazine.com


Many thanks,


Crow

 

[jacal1]

A liability. Whether its registered or not, its protected by TM rights.

 

[CrowEel]

moneymagazine.com

A liability. Whether its registered or not, its protected by TM rights.

Hi Jacal1,
I genuinely didn't know that. I'm not completely familiar with what i'm allowed and not. I thought it would be okay, as it could be any magazine concerned with money. If, for example, there was a magazine about cars, would it also be not allowed to have automagazine.com? Could you send me the link to the website where you check TradeMarks? If you had a domain and somebody bought the TM after, would you have to give it up?

What are my options? Give it back to 123-reg?


Sorry for all the questions

Regards,

Crow

 

[jacal1]

No problem. Its easy to find the trademark database - I don't have it off hand though. But what people don;t realize is that whether a term has been registered "officially" or not, it can still be legally claimed by any entity that has been using it.

You make a good point about the generic-ness of this term, but even the word "apple" is nor legally used by anyone but that company to describe computers.

I'm not sure 123-reg allows you to give it back, but if someone makes a TM inquiry, just give them the domain - unless its a super premium name or you really don't think they have a case, its almost always best to just give it up.

 

[CrowEel]

No problem. Its easy to find the trademark database - I don't have it off hand though. But what people don;t realize is that whether a term has been registered "officially" or not, it can still be legally claimed by any entity that has been using it.

You make a good point about the generic-ness of this term, but even the word "apple" is nor legally used by anyone but that company to describe computers.

I'm not sure 123-reg allows you to give it back, but if someone makes a TM inquiry, just give them the domain - unless its a super premium name or you really don't think they have a case, its almost always best to just give it up.

Thanks Jacal1, that's very helpful..i understand a lot better

Regards,

Crow

 

[Bannen]

Here is the search page for USPTO for trademarks:
Trademark Electronic Search System (TESS)

18 entries; moneymag.com was a TM but it is now dead; the others have money and magazine somewhere in them but there is no TM showing for the exact phrase 'money magazine'. You need to do a little more research before you feel safe, though. Post a new thread in the legal section of NP asking about this.

Now, on to the name: moneyMagazine.com IS a premium and very valuable name, taken in many extensions and with very high exact monthly searches. Did you dropcatch it or how did you come across it?

 

[CrowEel]

Here is the search page for USPTO for trademarks:
Trademark Electronic Search System (TESS)

18 entries; moneymag.com was a TM but it is now dead; the others have money and magazine somewhere in them but there is no TM showing for the exact phrase 'money magazine'. You need to do a little more research before you feel safe, though. Post a new thread in the legal section of NP asking about this.

Now, on to the name: moneyMagazine.com IS a premium and very valuable name, taken in many extensions and with very high exact monthly searches. Did you dropcatch it or how did you come across it?

Hi Bannen,
Thank you for your research - thats also very helpful.
I will do some more investigating.
I didn't drop catch it, I just found it on the 123-reg search. How much do you think it may be worth?

Kind regards,
Crow

 

[jacal1]

Given that 123-reg was not around in 2000, and this name has been owned continuously since then, is there a chance you have a misspelling or a mistake by the registrar?

 

[Bannen]

Given that 123-reg was not around in 2000, and this name has been owned continuously since then, is there a chance you have a misspelling or a mistake by the registrar?

I was wondering the same thing, that's why I though he may have gotten it thru a dropcatcher as the name didn't actually expire. OP can you clear this one up? There was no way this name would have actually been available to hand register so we're wondering how you acquired it.

 

[johname]

there two magazines called "Money" one in Australia and the one CNN owns.

 

[DnEbook]

magazines on the net are popular and they are changing (motion mags) this is a great name that is worth low $x,xxx , sometimes a trademark is just on the style/design of the words in the logo etc , but good advice to post thread in the legal section, good luck

 

[jacal1]

Several times I've thought I got a terrific hand reg, only to find out that I actually got a misspelling...

 

[DomainBroker5]

awesome name- easily $X,XXX. Regarding the trademark... I'd cross that bridge later if it ever actually becomes an issue. "money magazine" doesn't seem like a blatant trademark violation to me. But I agree with the other posters that you might as well seek advice from the legal section of the forum.

 

[Sparhawke]

I think moneymagazine is to generic to have a trademark and I don't think I have ever heard of it, I think that a company has to have been trading under a name for a while before they can simply claim it, or I could in effect start any company and start stealing anybodies domains.

If it had been something like timemagazine or fortunemagazine then it would've been a no brainer, as it is you have made our jobs that much harder lol

I would certainly invest in having a specialised lawyer look into this for you, as you have such a fantastic name that has development stamped all over it that paying for their services will return far more.

I wouldn't just hand it over to any entity that demands it as you are sitting on a potential goldmine, and I don't see anything in the trademarks to suggest you should hand it over to CNN, I even found this on their site under the terms and conditions:

CNNMoney.com: Terms of Service

10. Trademarks

CNN , CNN Interactive , CNNmoney , and CNN Learning and each of their logos are trademarks of Cable News Network LP, LLLP, a Time Warner Company. All rights reserved. All other trademarks appearing on CNN Interactive are the property of their respective owners.

Where in that statement is money magazine mentioned?

I can easily see this soaring past the mid $xxxx point but would probably develop it myself, it will bring in a far greater return.

 

[CrowEel]

Hi guys,
You have all been very helpful.

I've definitely not made a spelling mistake, and I hope 123-reg has not made an erro. I have an invoice from them for MoneyMagazine.com....hmmmm. I hope they haven't made an error.

Where would be the best place to sell it?

Regards,

Crow

 

[jacal1]

Sorry again to be the bearer of bad news, but unless you purposely set the page to be blank upon registration, it should show a 123-reg landing page. My guess is that 123-reg made a mistake, given that it does not expire until next year.

I'd like to be wrong, because as I refect on it, I do agree that I probably overstated the idea of just giving this one away if a TM inquiry comes in - if you really own it, get some legal advice in this forum proactively. Again, however, keep in mind that a TM does not have to be "officially" registered to hold up legally, and even though the magazine in question is called "Money", the fact that it is routinely known as "Money Magazine" could put you at risk (Do not lose sleep - chances are, given that you have a blank page and are therefore doing them no harm, the worst case is probably just that you lose the name)

 

[Kate]

Looks like a registrar bug.
I suppose they let you 'register' something that wasn't even available.
So yes, you have an invoice, it shows up in your account but you have no control over it.

I've had the same experience with 123reg involving a .uk domain, it had never been registered in the first place. 123reg is buggy and unreachable when you need to report such errors. Ditch that registrar :imho:

 

[bmugford]

I am not sure why it is in ClientHold status, but that might have been why it showed up as available.

Domain Name: MONEYMAGAZINE.COM
Registrar: ENOM, INC.
Whois Server: whois.enom.com
Referral URL: eNom - domain name, internet services, dns hosting
Status: clientDeleteProhibited
Status: clientHold
Status: clientTransferProhibited
Updated Date: 06-feb-2010
Creation Date: 07-mar-2000
Expiration Date: 07-mar-2011

Brad

 

[CrowEel]

I spoke to 123-reg today and apparently they had a server error which allowed me to buy it even though somebody else owns it. The same server error occurred last week when I bought idealjob.com and a year ago when I bought e-rode.com. I have invoices for both names and they have not yet refunded the full amount. I am very unhappy with 123-reg!!!

Thanks for all your help though.

 

[Bannen]

I spoke to 123-reg today and apparently they had a server error which allowed me to buy it even though somebody else owns it. The same server error occurred last week when I bought idealjob.com and a year ago when I bought e-rode.com. I have invoices for both names and they have not yet refunded the full amount. I am very unhappy with 123-reg!!!

Thanks for all your help though.

Ouch; but we're not surprised - since the name hasn't dropped since 2000, we knew you either had to've bought it or that it was a registrar glitch. Still - - ouch, again