Should I trademark? (Semi-Adult Related)

[OddTop]

I own Wikiporn.com and I want to completely go all out and try to make it one of the top visited sites online.

It'll be a lot of work, have lots of legal problems, and take a lot of time, but I am confident that there is a large market for a well done wiki adult site (and it is very brandable).

As I work on developing it, I notice someone else has also has the exact same type site as me, Wikiporn.org (Mine will be better done and will eventually have much more). But it worries me a little.

Should I get a trademark on Wikiporn? Since I want to go all out I really do want rights to the name.

So... Do you think that if I applied for a trademark that it would be granted to me? I guess that's my question.

Thanks,
Oly

 

[labrocca]

Well I hate to break this to you but you been beat to the punch. Someone else doesn't have the exact same site as you. YOU have copied THEIR idea. In other words you are shit of luck and basically your idea is shot to hell.

 

[OddTop]

My idea is not 'shot to hell'. People have .orgs/.coms all the time that are simular. There are wikis all over the internet. =/.

Can someone else clarify this?

 

[labrocca]

A) you can't trademark it successfully

B) you can't market it without infringing on the other guys trademark

C) you don't have rights to the name under the same usage as someone else

D) you can't make money on the idea without infringing so what's the point

 

[tmax]

Is Wikiporn.org trademarked?
Maybe you still have time to beat them to the punch with trademark.

 

[OddTop]

Since they do not have a trademark (I checked) is there a chance they would give it to me, since I went to them first?

 

[labrocca]

A registered trademark is not the same as a trademark. You can attempt to register your mark but that's not honest or legal since you are fully aware that someone else is using Wikiporn as a mark.

You can't win this one. It's pretty clear. You can attempt to buy wikiporn.org and see if the guy will do it for cheap. Make sure to include in the purchase that you are buying all rights to wikiporn.org if you attempt this. Since wikiporn.net is only a parked page they have no usage for a trademark.

 

[DNQuest.com]

TMs are earned through commerce, not bought off the shelf.

Additionally, it seems you (and the .org owner too) are looking to tread on the Wikipedia TM (the .org owner actually is copying thier site layout). If anything, I would go after the domains to keep for dilluting the mark.

So in conclusion.... You mentioned someone copied your idea, but in truth, you both are trying to copy wikipedia.....

 

[labrocca]

Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc

Another reason you can't win this one. Your idea is something that you can do as a site but don't mortgage the house for it. The risk is great on this one.

 

[tmax]

Is that mean nobody can use the word "wiki" in the name?
You know the bank named Ing Direct.
So, nobody else can use "ing" in their company name?
I'm confused.
Is Wikiporn registered trademark?

 

[labrocca]

I think it's a tough call about the term wiki. Wiki originally was a software..I am not sure of it's actual connection to wikimedia. A trademark includes usage and can't be confusingly similar with another mark. Inevitably there could be a lawsuit over the usage however why take that chance? I don't see many live marks for the term wiki at uspto site. I would consult a lawyer on this one before plunking any real money into it.

 

[DNQuest.com]

From the OPs own post....

As I work on developing it, I notice someone else has also has the exact same type site as me, Wikiporn.org (Mine will be better done and will eventually have much more). But it worries me a little.

I took this to mean he was going to do what is already up on the .org. Usage plays a big part in cases. If a person were to to a site that mirrors wiki, then that only validates the person's bad intentions.

So wkik could be subjective, but if you use it similar to what wikipedia has, then that is trouble.

 

[Dave_Z]

So... Do you think that if I applied for a trademark that it would be granted to me? I guess that's my question.

The examining attorney will be the barometer.

But if your intent is to get a trademark to prevent the .org or any other from
infringing yours, then it ain't gonna work. Others have explained why.

 

[tmax]

Does it take a lot of money to find out if you can register trademark for Wikiporn.com ?
If I were you, I will not spend time at namepros.com.
I will be out talking to specialists.
Please come back and let us know what happened.

 

[OddTop]

LOL okay. First off, there are many different "wiki" trademarks (wikiatlas, mdwiki, wikiwords, etc.). Second, Wikipedias layout is a open source script that anyone can use. Third, its not fair to say anyone is coping anyone - Wikis are everywhere. Thats like saying I'm coping a blog because I want to start one.

The reason I asked on this board was to get knowledgable information so I don't waste $300 on the application.

Oly

 

[GeneCosta]

I would think it could be a lot cheaper to just buy out the other site, depending on how much revenue it's getting?

 

[Dave_Z]

If I were you, I will not spend time at namepros.com.
I will be out talking to specialists.

Best advice here, actually. :D