domain Please Appraise Diablo.im, Diablosearch.com

[doiton]

Hi guys,

Diablo 3 comes out in 4 days and it's broken the presale records. Most copies of any PC game ever sold. More then any warcraft release.

What do you think these domains might be worth?

Thanks in advance.

 

[gilescoley]

Diablo would be a trademark so these names are worth $0 and can only get you into trouble

 

[TizzyTazzy]

Diablo would be a trademark so these names are worth $0 and can only get you into trouble

I don't believe they can trademark "diablo" it simply means "devil" in spanish.

 

[doiton]

Agreed. There are lots of companies called Diablo. If I had registered BlizzardEntertainment.com then I'd be in trouble.

So any guesses?

 

[gilescoley]

Diablo 3 comes out in 4 days

Cmon doiton, you have already indicated bad faith by registering it because of the new game coming out

You need to read through this section before registering any more names

http://www.namepros.com/legal-issues-and-disputes/

How many more trademarks do you want me to show you

Word Mark DIABLO
Translations "The foreign wording in the mark translates into English as DEVIL."
Goods and Services IC 041. US 100 101 107. G & S: ENTERTAINMENT SERVICES, NAMELY, PROVIDING ON-LINE COMPUTER AND VIDEO GAMES, ON-LINE PUBLICATIONS IN THE FIELD OF TIPS AND STRATEGIES FOR COMPUTER GAMES; ARRANGING AND CONDUCTING COMPUTER GAME COMPETITIONS; AND PRODUCTION AND DISTRIBUTION OF MOTION PICTURES. FIRST USE: 20000628. FIRST USE IN COMMERCE: 20000628
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78770575
Filing Date December 9, 2005
Current Basis 1A
Original Filing Basis 1B
Published for Opposition February 13, 2007
Registration Number 3633218
Registration Date June 2, 2009
Owner (REGISTRANT) Blizzard Entertainment, Inc. CORPORATION DELAWARE 16215 Alton Parkway Legal Department Irvine CALIFORNIA 92618
Attorney of Record Rod A. Rigole
Prior Registrations 2416001;2791742
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark DIABLO
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: [ PAPER GOODS, NAMELY, COMIC BOOKS, ] STRATEGY GUIDES FOR PLAYING ENTERTAINMENT COMPUTER PROGRAMS IN THE NATURE OF ROLE-PLAYING ADVENTURE GAMES [, TRADING CARDS, TRADING CARD MILK BOTTLE CAPS, COLORING BOOKS, ADHESIVE STICKERS, RUB-ON TRANSFERS, NOTEBOOKS AND STATIONERY-TYPE PORTFOLIOS ]. FIRST USE: 19970129. FIRST USE IN COMMERCE: 19970129
IC 025. US 022 039. G & S: CLOTHING, NAMELY, [ PAJAMAS, HATS SWEATSHIRTS, ] T-SHIRTS [, SHIRTS, SHOES, JACKETS, SHORTS, SOCKS AND SWEATERS ]. FIRST USE: 19961213. FIRST USE IN COMMERCE: 19961231

IC 028. US 022 023 038 050. G & S: [ COMPUTER SOFTWARE GAMES; HANDHELD UNITS FOR PLAYING ELECTRONIC GAMES; ] TOYS, NAMELY, TOY ACTION FIGURES AND ACTION FIGURE ACCESSORIES. FIRST USE: 19961112. FIRST USE IN COMMERCE: 19961112

Mark Drawing Code (1) TYPED DRAWING
Serial Number 75983307
Filing Date April 26, 1996
Current Basis 1A
Original Filing Basis 1B
Published for Opposition December 12, 2000
Registration Number 2791742
Registration Date December 9, 2003
Owner (REGISTRANT) Davidson & Associates, Inc. CORPORATION CALIFORNIA 6080 Center drive Los Angeles CALIFORNIA 90045
(LAST LISTED OWNER) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 16215 Alton Parkway Legal Department Irvine CALIFORNIA 92618

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROD A RIGOLE
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

Word Mark DIABLO
Goods and Services IC 009. US 021 023 026 036 038. G & S: ENTERTAINMENT COMPUTER PROGRAMS IN THE NATURE OF ROLE-PLAYING ADVENTURE GAMES. FIRST USE: 19961112. FIRST USE IN COMMERCE: 19961230
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75978709
Filing Date April 26, 1996
Current Basis 1A
Original Filing Basis 1B
Published for Opposition October 3, 2000
Registration Number 2416001
Registration Date December 26, 2000
Owner (REGISTRANT) Davidson & Associates, Inc. CORPORATION CALIFORNIA 19840 Pioneer Avenue Torrance CALIFORNIA 90503
(LAST LISTED OWNER) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 16215 Alton Parkway Legal Department Irvine CALIFORNIA 92618

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROD A. RIGOLE
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20101022.
Renewal 1ST RENEWAL 20101022
Live/Dead Indicator LIVE

 

[TizzyTazzy]

Cmon doiton, you have already indicated bad faith by registering it because of the new game coming out

You need to read through this section before registering any more names

http://www.namepros.com/legal-issues-and-disputes/

How many more trademarks do you want me to show you

None of that prevents people from using or registering the term "diablo" -- it is simply a spanish word and if Blizzard would ever try to obtain/attack domain names with the word diablo in it they simply would not win (wouldn't hold up in court) and it isn't a common practice nor does it gain them anything.

Too many websites have been using the name that either feature Blizzard's games or feature something different entirely for 10+ years now. A lot of these sites even were selling Diablo's virtual items which is a direct violation of the terms of service, but again they didn't even do anything against such sites.

They also cannot have any claim on a domain like "DiabloSearch.com" -- if anything they may be able to force the user who owns the domain to take down any content related to their game, but that would just be a waste of money, and probably a bad move for promotion purposes. (diablo related sites pretty much promote buying/playing diablo games)

 

[gilescoley]

None of that prevents people from using or registering the term "diablo" -- it is simply a spanish word and if Blizzard would ever try to obtain/attack domain names with the word diablo in it they simply would not win (wouldn't hold up in court) and it isn't a common practice nor does it gain them anything.

Too many websites have been using the name that either feature Blizzard's games or feature something different entirely for 10+ years now. A lot of these sites even were selling Diablo's virtual items which is a direct violation of the terms of service, but again they didn't even do anything against such sites.

They also cannot have any claim on a domain like "DiabloSearch.com" -- if anything they may be able to force the user who owns the domain to take down any content related to their game, but that would just be a waste of money, and probably a bad move for promotion purposes. (diablo related sites pretty much promote buying/playing diablo games)

go and put your comments in the legal section and see what the internet attorneys have to say...cmon, this should be common sense

He has made his intentions clear why he registered the names, if he was going to sell "spanish devils" or something totally unrelated to the game, then fine, but he has stated why he registered the name

Too many websites have been using the name that either feature Blizzard's games or feature something different entirely for 10+ years now.

And you think because other people do it, its ok to do right, wrong!!!

If you saw someone shoplifting in the shop and not getting caught, does that make it ok for you to go and do it

but again they didn't even do anything against such sites.

Just because they haven't filed a lawsuit against them, doesn't make it ok, you cant expect them to file a lawsuit against everyone with a game-related diablo or blizzard website, there are just too many for that to happen

TizzyTazzy, you also need to go and read that section, you are new here and need to stop giving people bad legal advice, people with TM's names dont stick around here very long and give domainers a bad name in general

Just do the right thing and stop infringing on someone's TM

Lets put this in the legal section and see what the comments are

 

[Dave]

gilescoley is absolutely correct here. It matters not if Diablo means 'Devil' in Spanish this is still a trademark infringement because of his intentions and bad faith registration.

Besides even if we were valuing this domain on its own it would still be worth $0 because there are much better .im keywords still available and I don't think there are many Spanish speaking people on the Isle of Man who would want to buy this name.

 

[gilescoley]

I also owned Tones.im, Tone.im and some other premium .im keywords and I would sell them for $5 on the domain forums....I let them expire after 1 year

Also remember, Isle of man with a population of around 80K, its always going to be hard to sell domains

It's just advice to fellow domainers...

 

[doiton]

Bad faith? I'd give Blizzard the domain if they asked. I love the company.

The fact of the matter is they wouldn't want it because of the reasons you stated.

I'm just asking for an appraisal, not a judgement on my character.

Also gilescoley, you wanted to sell Tones.im for $5? You've shown bad faith.

Word Mark TONES
Goods and Services IC 041. US 100 101 107. G & S: Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring the musical performer
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77606807
Filing Date November 4, 2008
Current Basis 44E
Original Filing Basis 44E
Published for Opposition March 31, 2009
Registration Number 3638583
Registration Date June 16, 2009
Owner (REGISTRANT) Lester, Anthony James INDIVIDUAL CANADA 60 Stanley Ave. RR#2 Hawkestone CANADA L0L1T0
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[gilescoley]

oh dear, not another one

The fact of the matter is they wouldn't want it because of the reasons you stated.

Its doesn't matter whether they want it or not, I can assure you Blizzard dont give a cr@p about an Isle of Man name, but that is not the point, the point is its another companies trademark, simple...is that hard to understand...just put yourselves in their shoes, if you had worked your arse off to get a company to here Blizzard is, would you want other people infringing? I certainly wouldn't..just be professional, thats all

You still don't get it, people like you arrive here every week and argue the point when given advice...I bet you haven't read anything in the legal section? Yeah thought not!! so how would you know so much about internet law then? I can assure you, you will suddenly vanish in the next few weeks because no-one will appraise anything you put here because they know what you are like and wont listen to advice, even though you have a massive 3 posts on this forum

Just curious, why would selling Tones.im be bad faith, am I missing something?? It had nothing to do with their product...and you have no idea idea what it was used for....pathetic argument you have there...you are just grasping at anything now lol

 

[paperbaby]

I would say $0. Just because it seems, trademark or not, it just comes with too much drama. Even if Blizzard could defend it or not.

About the game - I did not know it sold more than Warcraft. I would have thought that WOW or Warcraft 3 would have outsold it. But there you go.

 

[TizzyTazzy]

Wow, don't listen to these idiots. They clearly don't know how the legal system works.

 

[paperbaby]

if it was www.Diablo.com it would be worth looking into the law side of things. But its just a reg fee domain. So might as well just drop it IMO. I mean, you really want to go through all the fuss of looking into all the legals for a $4 reg.

 

[Bannen]

Bad faith? I'd give Blizzard the domain if they asked.

'Bad faith' is a legal term, not a judgement of character. If you register an 'apple' name because you sincerely want a site about the fruit, you are not in bad faith. If you register an apple name because you want a site about Apple computers, it is a bad faith register; in other words, you are registering the name solely for the purpose of profiting on the trademarked use of the word apple.

Your case is identical. If you had registered diablo.anything and mentioned you were making a spanish site about devil history or something, this is doable and not bad faith legally.
But you clearly stated that you regged these because of the new game coming out; so you regged these solely to profit from the trademarked game. Legally, that is the definition of 'bad faith'.

That all applies to regging generic terms (like apple or diablo or sandals) and trademarking them for other uses; as far as completely coined terms like google, you simply have no business regging ANY version of the name because it is a made-up branded name and has no other generic use.

Hope this helps clear things up.

Welcome to Namepros; good luck


---------- Post added at 02:16 PM ---------- Previous post was at 02:13 PM ----------

None of that prevents people from using or registering the term "diablo" -- it is simply a spanish word and if Blizzard would ever try to obtain/attack domain names with the word diablo in it they simply would not win (wouldn't hold up in court) and it isn't a common practice nor does it gain them anything.

Too many websites have been using the name that either feature Blizzard's games or feature something different entirely for 10+ years now. A lot of these sites even were selling Diablo's virtual items which is a direct violation of the terms of service, but again they didn't even do anything against such sites.

They also cannot have any claim on a domain like "DiabloSearch.com" -- if anything they may be able to force the user who owns the domain to take down any content related to their game, but that would just be a waste of money, and probably a bad move for promotion purposes. (diablo related sites pretty much promote buying/playing diablo games)

If the OP intended his diablo name for a completely different purpose, it's legal. If he intended it to refer to the game - which he did - it's infringement.
You are basically saying it's okay for him to go ahead with it because the TM holder can't be bothered to sue his a$$. As a member said above, you're saying infringement is okay because others get away with it too.

Sigh.

---------- Post added at 02:18 PM ---------- Previous post was at 02:16 PM ----------

Wow, don't listen to these idiots. They clearly don't know how the legal system works.

That's me! You're including me with that statement! Thanks, always nice to hear that from new members

 

[.NJ]

Wow, don't listen to these idiots. They clearly don't know how the legal system works.

Welcome to NamePros.

Thanks for stopping by.

 

[doiton]

Wow, don't listen to these idiots. They clearly don't know how the legal system works.

Thanks I won't.

I did not know it sold more than Warcraft. I would have thought that WOW or Warcraft 3 would have outsold it. But there you go.

Presale. More sales before the release. So I guess you could say it's the most anticipated PC game of all time. We'll see if it beats WoW soon. Doubtful.

Cheers to those who helped.

 

[gilescoley]

Wow, don't listen to these idiots. They clearly don't know how the legal system works.

Judging by this corker, you still haven't read the legal section?? Really, go and have a look and ask the lawyers, if I am wrong, I will personally apologize to you and the OP.....isn't not doing that an admission of guilt? I mean, you are so sure you are correct, surely you would love to prove me wrong in front of these other posters???

Amazing Mr 6-post tizzyTazzy, see how long you last here, you people are a dime a dozen around, the good thing is, you wont be here for long...you will move onto another domain forum using a different name and make a fool of yourself there

Occasionally,...you will get someone who will come and and apologise and realise the errors of his ways and try fix things, lets see if you are one of those smarter ones

 

[doiton]

Amazing Mr 6-post tizzyTazzy, see how long you last here, you people are a dime a dozen around, the good thing is, you wont be here for long...you will move onto another domain forum using a different name and make a fool of yourself there

Your intentions may be pure but your tone is abrasive, arrogant and belittling. Have you considered the reason people may arrive and leave this community so rapidly is because the first person they are greeted by is yourself?

I feel sorry for the community on this forum. I've barely been able to stand you for 5 posts let alone 5721.

6 good posts > 5721 bad posts

 

[DU]

Your intentions may be pure but your tone is abrasive, arrogant and belittling. Have you considered the reason people may arrive and leave this community so rapidly is because the first person they are greeted by is yourself?

I feel sorry for the community on this forum. I've barely been able to stand you for 5 posts let alone 5721.

6 good posts > 5721 bad posts

It's hard to remain good humored when responding to someone saying "Don't listen to these idiots they don't know the legal system".... while providing advice that could potentially render someone $1000's of dollars poorer.

Yes it HAS happened.

Quick example:

http://www.parttimepoker.com/two-plus-two-dutch-boyd

Obviously you wouldn't let it go that far but when advice is crap advice and given with authority it can be dangerous.