Yesterday, I noticed that the domain Command.now (236 TLDs registered) was available. I considered buying it, but I received a TM disclaimer from Dynadot.
Today, I see itโs already taken and listed for sale at $25k (by Rebrand.now).
Do you think the TM issue is a significant concern with .now domains?
Anyway, I just registered Inspection.now (195 TLDs register
Let me share with you, what I think about this subject. (Disclaimer: I am not a lawyer, I am not a trademark professionnal, but I will share here my comments just by following a certain logic of laws and trademarks. On the other side I am not the one who registered this domain, so I will have the liberty to comment as an independent third person.)
The domain "Command // (.now)" can be seen as "Command" and/or "Command Now", 2 potential TMs that can be protected independently.
In order to see what is currently protected by TM, I check from WIPO (World Intellectual Property Organization) brand database;
-All the brand names which contain the word "Command", and I find 3,548 results.
-All the brand names which contain the word "CommandNow", and I find 1result (Status: Ended in 1998)
-All the brand names which contain the word "Command Now" (2 separate words without brackets), and I find 29,827 results.
-All the brand names which contain the word "Command Now" (2 separate words WITH brackets), and I find "No Results".
So it is possible that there is a protection, but how it comes that there are 3,548 TMs for "Command" and 29,827 TMs for "Command Now" ??? After the 1st brand is protected, how it comes that the 2nd TM is given, or even several thousands of TMs are given?
At this point we have to see that every trademark is limited by 2 things, (1) "Geographic Area" where this trademark will be used, and (2) "Goods and Services" where this trademark will be used.
As a result;
a)
If we buy a domain as investors, we cannot know for which "Geographic Area" and "Goods & Services" will be used this domain by our potential buyers. However these potential buyers will surely check from WIPO brand database before this purchase,
and if they see a TM obstacle they just will not buy this domain from us. (They will buy it, if the TM is not concerning their planned use)
b)
If we buy this domain for developing and making a beautiful website from it, we will surely check from WIPO brand database before this purchase,
and if WE see a TM obstacle WE will not buy this domain. (We will buy it if the TM is not concerning our planned use.)
So the registrar here do not say "Don't Buy", but they just tell us that there may be a TM (with several conditions/parameters). This is our duty to find the correct information, make the correct evaluation and act responsibly to protect ourselves and the TM holders.