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ShortDot's James.bond and 007.bond Domain Names Are for Sale at Dan.com

Labeled as information in Domain Industry News, started by NickB, Sep 30, 2021

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  1. NickB

    NickB it's a mystery VIP

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    "ShortDot SA, the domain registry that owns and operates the .bond domain extension, has contracted with Dan.com to facilitate the sale of James.bond and 007.bond domain names."

    https://www.globenewswire.com/news-...ond-Domain-Names-Are-for-Sale-at-Dan-com.html

    OK - this just made me shake my head, they do a press release to say they are selling these domains which blatantly only have 1 end user in mind - asking for trouble?

    Coincidently the new James Bond film is being released today in the UK :whistle:
     
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  2. jhm

    jhm Glazed

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    Terms And Conditions Of Use | James Bond 007

    EON or its affiliates or licensees own all rights in the trademarks on the website, such as 007 and JAMES BOND. You have no rights in such trademarks. Use of any of EON’s or its affiliate’s or licensee’s trademarks without the prior written permission of EON is strictly prohibited.
     
    Last edited: Sep 30, 2021
  3. HotKey

    HotKey Made in Canada VIP

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    I don't know if TMs can span the dot especially on generic terms.. (eg SLD+TLD)

    The BIN on these are mouth-watering.. dang. Peitho herself would be tempted.

    Regular renewals.
     
  4. NickB

    NickB it's a mystery VIP

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    reminds me of the booking.com dispute where they won the battle to TM the domain name

    I'm not a legal expert but does one of the takeaways from the case below apply in this case? Even though it is .bond

    • The Court rejected the United State Patent and Trademark Office’s (“USPTO”) proposed per se rule that a generic term, when combined with the .com top level domain, must automatically be deemed generic and therefore ineligible for trademark protection; whether a term is generic or is a protectible trademark must be determined by reference to consumers’ perception.

    "it underscores the importance of consumer perception evidence for those seeking to register arguably generic or descriptive terms as trademarks."

    https://www.debevoise.com/insights/publications/2020/06/supreme-court-holds-booking
     
  5. jhm

    jhm Glazed

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    Owning "james dot bond" without doing any business / relating to the James Bond franchise, that's a possibility. Just make sure its a website consisting of a cat playing with a ball of yarn

    9d6648441fd2044ef03dc6b849b21eed.gif
     
  6. HotKey

    HotKey Made in Canada VIP

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    That one, they already owned the DN and their brand name literally includes the extension. I think the difference is, with the Bond film franchise, their brand isn't based on an internet extension.

    It would be a smart buy for them.
     
  7. CraigD

    CraigD Top Contributor VIP

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    Not worth playing in here...

    [​IMG]
     
    Last edited: Sep 30, 2021
  8. NickB

    NickB it's a mystery VIP

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    I think it's more to do with the public's perception of the name spanning (and including) the dot - They could quite easily argue that it is confusingly similar and that the public's perception would be these domains are to do with the Franchise?
     
  9. HotKey

    HotKey Made in Canada VIP

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    Gotcha- true. As per the case reference you gave as a possible precedent. I think it's unlikely though, because the Bond brand isn't based on an internet extension, it was here long before, whereas booking.com, take away the .com and there goes their brand..
     
  10. CraigD

    CraigD Top Contributor VIP

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    Last edited: Sep 30, 2021
  11. HotKey

    HotKey Made in Canada VIP

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    That thread reminds me, we should always always remember and go to the Nissan saga: A generic domain name does not equate automatic ownership to a corp just because they have a big brand on it.

    **edit there is naivety in that logic, I get it. Most of us don't have the resources for that kind of pending war, no matter the intention for the DN. Todays reality, unfortunately.
     
    Last edited: Sep 30, 2021
  12. CraigD

    CraigD Top Contributor VIP

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    .
     
    Last edited: Sep 30, 2021
  13. DomainRecap

    DomainRecap Top Contributor VIP

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    Of course they can - anything is possible in a UDRP if you have the money to throw around - there are several cases of these in recent complaints. I seem to remember MR.green losing to the Mr Green TM.

    https://circleid.com/posts/20171221_another_registrant_loses_udrp_where_trademark_spans_the_dot/

    Some panelists also believe in time machines, as domains registered and owned decades before the complainant's TM was a spot on their Daddy's shorts have also freely been given away. Again, $$$$.

    My question is the opposite - can a domain owner also use that angle to PROTECT it in a UDRP - a domain hack for example that may coincidentally have the complainant's TM in the SLD, but combined with the TLD, is a totally different word?
     
    Last edited: Sep 30, 2021
  14. CraigD

    CraigD Top Contributor VIP

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    Thanks!

    From the article:
    ...The Overview says: “Where the applicable TLD and the second-level portion of the domain name in combination contain the relevant trademark, panels may consider the domain name in its entirety for purposes of assessing confusing similarity.”
     
  15. HotKey

    HotKey Made in Canada VIP

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    That's a great example, thank you. Was not aware of it.

    So the panel only used the "confusingly similarity" portion of the holy three:

    1. The trademark is damaged as a result of an identical or confusingly similar domain name
    2. The current registrant does not have any relevant interests regarding the domain name
    3. The current registrant uses the domain name in "bad faith"

    in that decision, I wonder?
     
  16. Mr. Deleted

    Mr. Deleted Slabaugh.com 800-266-2728 VIP ★★★★★★★★★★

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    well... Nissan actually had a legitimate interest in his last name... If your name is James and you want the name in .Bond, that might help you out...
     
  17. Mr. Deleted

    Mr. Deleted Slabaugh.com 800-266-2728 VIP ★★★★★★★★★★

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    say my friend, her sons name is James and her you could say she has a bond with her kid...
     
  18. HotKey

    HotKey Made in Canada VIP

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    Yep, exactly. There could be several legitimate uses for the domain, like a financial firm specializing in bonds. And their name is James:

    https://www.raymondjames.com/wealth...investment-solutions/fixed-income/bond-basics

    I mean some might see it as a stretch, but this is a working example and if said financial firm chose to buy the DN and use it, not infringing on anything.
     
  19. Future Sensors

    Future Sensors 78% of human domainers will be replaced by robots Gold Account

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    What I find most remarkable is that these names are presented together. It is very clear that this is about Mr. James Bond (007). As long as these domains are not sold, it seems to be a risk for the current owner. A potential new owner could perhaps do something legitimate with one of the names that doesn't get in the way of the trademark holder. As long as they stay under the radar of MI6, that is.
     
  20. CraigD

    CraigD Top Contributor VIP

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    As John pointed out in his original thread, they were clearly marketed with a banner depicting JB.

    Would be quite amusing if MI6 purchased these:peeking:
     
    Last edited: Sep 30, 2021
  21. HotKey

    HotKey Made in Canada VIP

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    It's amazing a registry went that route, with the clear target in the banner. You would think they would know better, rather than being just an uninformed/loose cannon investor.
     
  22. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    Last edited: Sep 30, 2021
  23. NickB

    NickB it's a mystery VIP

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    So they have knocked 75k off the asking price......don't think it will do them any favours
     
  24. platey

    platey Top Contributor VIP

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    james bond

    may well be trademarked

    but it was a surname in the uk

    centuries before any trademark existed and was applied for

    the uk has been about for 1000+ years centuries before the film or books

    so they have a trademark?

    and a recent brand in comparrison?

    and? lol
     
  25. NickB

    NickB it's a mystery VIP

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    Yeah....their advertising James.Bond & 007.bond together to all those Mr and Mrs Jame's and Bond's out there who are fans of the James Bond Franchise :xf.wink:
     

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