question Only fans model merch under great domain name (mouse brand)

[Felipunkd]

I currently work with a model and she wants to sell some merch such as signed pics, digital pics, etc. I came across this domain named officialD_ _ _ _ Ystore.com her name obviously starts with the D. I just wanted to know if you think I could get in trouble to use that name even if selling items non related to the trademark of this company or I should contact the company directly and see if they are interested in the domain?

 

[jberryhill]

her name obviously starts with the D

So? If my name is "Domino", I don't get to sell pizza under that name.

even if selling items non related to the trademark of this company

Okay, so, name an item which is "non related to the trademark of this company".

https://www.namepros.com/threads/domain-portfolio-vs-udrp-trademark-question.1145945/#post-7320006

Isn't the TM owner limited to the categories stated in the trademark?

This is second on the list of "common domainer problems with trademarks". Number one would be an undue focus on whether a mark is registered.

Trademarks come in varying degrees of strength, scope, and fame. Once you get past the initial issue of "what is a trademark", then the next thing you have to wrap your head around is "what sort of trademark are we dealing with".

"Coca-Cola" is an extremely well-known mark for a soft drink. That fame confers a scope broader than simply whether or not it is used on a soft drink. If you attempted to sell "Coca-Cola" brand clothing, the fame of the mark is such that consumers might reasonably believe the brand has branched out in to clothing.

Trademark "infringement" is when a mark is used on similar or competing goods, causing consumer confusion. There are things beyond infringement. One of those is "dilution". Trademark dilution occurs when a famous mark is subject to unauthorized use which erodes the distinctiveness of the mark.

 

[Felipunkd]

The name used is Disney

 

[Felipunkd]

The domain for her merch would be officialdisneystore.com and disneytiendaoficial.com but again the merch is not Disney World related is .....lets say modeling pics in bikini and such

 

[johnn]

What the heck? You are confusing yourself???

If the merchandises are not Disney related then why the don't you pick Whiskey instead of Disney?

I know there will be confusing answers from you so I will stop right here.

 

[jberryhill]

the merch is not Disney World related is .....lets say modeling pics in bikini and such

So the entire point about famous marks and dilution as a cause of action just kind of flew past, making nothing more than a whooshing sound of some kind, and you are under the odd belief that fan memorabilia and photographs are somehow unrelated to the Disney mark?

Perhaps you might want to elaborate on the "and such" part there, and try to name some type of merchandise for which Disney does not categorically own trademark rights of some kind.

Word Mark DISNEY
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Photograph albums; appointment books; autograph books; baby books; paper party bags; binders; bookends; books featuring stories, games and activities for children; gift cards; cartoon prints; pen and pencil cases; children's activity books; modeling clay; coloring books; comic books; paper party hats; paper napkins; stationery; posters; staplers; writing paper; envelopes; postcards; trading cards. FIRST USE: 20070701. FIRST USE IN COMMERCE: 20070701

Registration Number 3490082
Registration Date August 19, 2008
Owner (REGISTRANT) Disney Enterprises, Inc. CORPORATION DELAWARE IP Department - Trademark Group 500 South Buena Vista Street Burbank CALIFORNIA 91521

 

[jberryhill]

The name used is Disney

Yes, I gathered that. But if her stage name were "Dodge", she still couldn't sell cars. Using the name "Disney" for entertainment services and fan memorabilia is not a good plan.

Go ask ten random people on the street what they would expect to find at something called the "Official Disney Store".

Word Mark THE DISNEY STORE
Goods and Services IC 042. US 101. G & S: RETAIL STORES SERVICES IN THE AREA OF GIFT ITEMS AND SOUVENIRS. FIRST USE: 19870329. FIRST USE IN COMMERCE: 19870329
Registration Number 1536967

"Oh, uh, well, we're different from 'The Disney Store' for retail sales of souvenirs. We're uh, The 'Official' Disney Store. You see, by using the word 'official' that tells people we aren't related to anything at the other Disney Store..."

This clip never gets old....

 

[Felipunkd]

Thank you so much I just wanted to be clear that the name this person is using is Disney_ and last name, so she wanted to sell merch of herself not Disney merch.

The merch to be sold are pictures of this model in bikini, lingerie, signed pictures by her mostly content PR 15 and up.

Since most of the social medias she used are officialdisneywilkins and such.... I got that site and then i thought about using it maybe would bring some issues.

Thanks for all your answers

 

[jberryhill]

The merch to be sold are pictures of this model in bikini, lingerie, signed pictures by her mostly content PR 15 and up.

That's completely irrelevant. There is nothing in Disney's trademark for retail sales of souvenirs and graphic materials that has anything to do with age content. Heck, Brittany Spears started as a Disney-contracted talent.

But, c'mon... "officialdisneywilkins"?

You are telling me that this person's name is "Disney" along with that of a character from a recent Disney film?

(Lieutenant John Wilkins is a character in Disney's 1994 live-action film, Rudyard Kipling's The Jungle Book. William Weatherall Wilkins is the main antagonist of Mary Poppins Returns as the current president of the Fidelity Fiduciary Bank and the nephew of Mr. Dawes Jr.)

I got that site and then i thought about using it maybe would bring some issues.

There's no "maybe" about it. This is blatant trademark dilution and, frankly, not very credible.