Should we start a Revolution @ Trademarks ? ™ © ® ™

[Michael Ehrhardt]

Should we start a Revolution @ Trademarks ?

Yes , i think we should

™ © ® ™

Here is my Story

I bought the domain : dsds.tv @ Sedo.de for around 300.-$

A few weeks later RTL germany took the domain away from me
RTL germany has a TV show called : dsds ( Deutschland Sucht den Superstar )

WTF

A trademark, trade mark', or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.

What is a trademark and what does it protect?

Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.



What does it mean to have a TM ?
Why does a TM include any domain ?

let,s start on the TM : Apple

there are more than 400 TM for the term : Apple ( and these are not only Apple computer )
Should every supermarket now be sued for selling Apples ?

How is it even possible to TM the term Apple ?

what about NOKIA ?

there is a Car named : KIA
there is a company named NOKIA

this is insane

i was so happy when i heard that Rick Schwartz lost his case on DomainKing.biz

first : nobody has the right to be a King
second : that he even got the TM on DomainKing was wrong
third : nobody need,s a King

Did you know that you can delete a TM ?
Did you know that there are so many categries to get a TM ?

for Example : you even can get a TM Facebook for perfume or soap

to the point

What do you think about TM ?

i don,t like any kind of TM and i will fight them !

So , let,s start a Revolution

First come first serve

 

[Dun]

 

[Michael Ehrhardt]

Australian swimwear company guilty of RDNH over Hottie.com


Company owns Hottie.com.au, wants Hottie.com.

They're going to have to pay to drop the .au off their domain name.

Easton Corp Pty Ltd, which sells swimwear and lingerie at Hottie.com.au, has been found to have engaged in reverse domain name hijacking over the domain name Hottie.com.
The current owner of the domain name bought it for $10,000 back in 2005. Easton Corp apparently communicated with the prior owner about buying the domain name before the current owner acquired it.

In finding reverse domain name hijacking, the three-person WIPO panel wrote:

The Panel recognizes that the Complainant is not represented by counsel but finds nevertheless that this is an appropriate case for a finding of attempted Reverse Domain Name Hijacking. The Complainant acknowledged in the Complaint that the Domain Name was created many years before the Complainant’s business was launched. It was readily ascertainable that the registration had changed hands months before the Complainant’s trademark was granted and published. This all should have given the Complainant pause before advancing an argument that the Respondent registered and used the Domain Name in a bad faith effort to exploit the Complainant’s trademark, which is what the UDRP is designed to combat. Further, the Complainant does not seem to have noticed that its communications about purchasing the Domain Name were with a previous owner. Bringing a UDRP action nearly twelve years later against a subsequent owner has cost the owner substantial sums, when there was no realistic chance of proving that this party had acted in bad faith. The UDRP was intended to serve as an efficient means of redress against cybersquatters, not a cheap alternative to commercial negotiation with legitimate domain name holders.

Source : http://domainnamewire.com/2016/11/24/australian-swimwear-company-guilty-rdnh-hottie-com/

 

[Dun]

 

[Michael Ehrhardt]

 

[gtldomainer]

Any sane person can say it's completely BS thing for one company to claim all domain names that are similar to their company names, TM or not. That's greedy big sharks on the play.

 

[Michael Ehrhardt]

Since 23 October 2012, the At-sign is registered as a trade mark by the German Patent and Trade Mark Office—DPMA (registration number 302012038338) for @T.E.L.L.



REVOLUTION

 

[royj]

Got any ideas as what I could do with ipads.co ? Or is that just a law suit waiting to happen ?

 

[Michael Ehrhardt]

Got any ideas as what I could do with ipads.co ? Or is that just a law suit waiting to happen ?

no why ?

iPad.com will launch soon and it is not Apple ( Computer )

 

[Michael Ehrhardt]

Asset management firm Tobam is a reverse domain name hijacker



French company filed UDRP after failing to acquire domain name.

A World Intellectual Property Organization (WIPO) UDRP panel has found Paris asset management firm Tobam to have attempted reverse domain name hijacking.

Tobam filed a cybersquatting complaint against the owner of Tobam.com. The asset management firm uses the domain name Tobam.fr.

The owner of the domain name registered it along with many other surnames with plans to launch a surname email business. The business never got off the ground, but he registered the domain name before the complainant was in existence. This makes it impossible that the registrant acquired the domain name in order to cybersquat on the complainant’s brand.

WTF

Source : http://domainnamewire.com/2016/11/2...obam-reverse-domain-name-hijacker/#more-51736

 

[MANNYKURSH]

i m afraid to loose some of my domains too

 

[Dun]

i m afraid to loose some of my domains too

^{.. that must be awful}

 

[Michael Ehrhardt]

i m afraid to loose some of my domains too

no fight ...
if neccessary cancel the TM

watch : www.nissan.com ( the best inspiration to fight for your right )

 

[Michael Ehrhardt]

Tencent beats back cybersquatting complaint over its Joox.com domain name


Big Chinese internet company forced to defend its Joox.com domain name.

jooxTencent, the $250 billion company behind QQ, has successfully defended the domain name it uses for its music service Joox.

A Brazilian company that uses the domain name Joox.io for its custom products business filed the complaint.

Source : http://domainnamewire.com/2016/11/3...ybersquatting-complaint-joox-com-domain-name/

 

[Michael Ehrhardt]

Is there a © on Copyright ?

Is there a ™ on Trademark ?

Is there a ® on Registered Sign ?

just nuts ...

Inventions to steal money

 

[Michael Ehrhardt]

XNXX.com Loses UDRP On XXNX.com

JUNE 24, 2014 BY MICHAEL BERKENS 8 COMMENTS

A three member UDRP panel has rejected the owner of a popular adult webiste XNXX.com attempt to grab the domain name XXNX.com in a Very interesting opinion.

The complaint was brought by WGCZ S.R.O. who was represented by Randazza Legal Group

The domain holder was represented by The Muscovitch Law Firm

Here are the arguments made by the domain holder:

“”The Respondent first claims to have registered the disputed domain name, , on or about November 29, 2002, and submits what are said to be the earliest available historical Domaintools.com WhoIs records, showing the Respondent, Murat Yikilmaz, as the recorded registrant, administrative, billing, and technical contact, for the disputed domain name.

Source : http://www.thedomains.com/2014/06/24/xnxx-com-loses-udrp-on-xxnx-com/

 

[Dun]

..​

 

[HKIBC]

Some very interesting tidbits in the panel's ruling with respect to legitimate use of a domain. Recommended reading for any domainer

 

[Michael Ehrhardt]

Instagram Opposes Microsoft Trademark, Claiming Rights in "Gram"

image: @Vetements_Official Instagram

As rival Snapchat prepares to go public, Instagram is laying claim to its name in a legal battle with Microsoft. The Facebook-owned photo sharing app has attempted to block the tech giant from federally registering its "Actiongram" trademark. That’s right; Instagram is essentially claiming rights in the “gram” suffix.

According to Instagram’s Notice of Opposition filing with the appeals arm of the U.S. Patent and Trademark Office (“USPTO”), the company believes it “will be damaged by the registration of the Actiongram mark,” as Microsoft’s “goods claimed in its application are related to the goods and services offered by Instagram in connection with its Instagram trademarks.”

Microsoft aims to register its mark in the class of goods/services that covers “Computer software for virtual reality visualization, manipulation, immersion and integration of audio, video, text, binary, still images, graphics and multimedia files; operating system software; computer software, namely, software for setting up, operating, configuring, and controlling wearable hardware and wearable computer peripherals.”


Source :
http://www.thefashionlaw.com/home/instagram-opposes-microsoft-trademark-claiming-rights-in-gram

 

[Michael Ehrhardt]

Legal resolution

Some countries have specific laws against cybersquatting beyond the normal rules of trademark law.
The United States, for example, has the U.S. Anticybersquatting Consumer Protection Act (ACPA) of 1999.

This expansion of the Lanham (Trademark) Act (15 U.S.C.) is intended to provide protection against cybersquatting for individuals as well as owners of distinctive trademarked names.
However, even notable personalities, including rock star Bruce Springsteen and actor Kevin Spacey, failed to obtain control of their names on the internet.

Jurisdiction is an issue, as shown in the case involving Kevin Spacey, in which Judge Gary A. Feess, of the United States District Court of the Central District of California, ruled that the actor would have to file a complaint in a Canadian court, where the current owner of kevinspacey.com resided. Spacey later won the domain through the National Arbitration Forum.

Source : https://en.wikipedia.org/wiki/Cybersquatting

WTF

what is a notable personality ???
nobody is a star !!!

 

[Michael Ehrhardt]

ICP.com UDRP denied but no reverse domain name hijacking


Spanish company that uses ICP.es can’t have ICP.com.

A World Intellectual Property Organization panel has denied a UDRP filed against the domain name ICP.com, but the panel did not consider if the complainant was guilty of reverse domain name hijacking.

Información, Control y Planificación, S.A., a diversified company in Spain that uses the domain name ICP.es, filed the claim.

The domain name has been owned by a financial firm and its partners since 2001.

The panel ruled that the complainant did not prove that the respondent lacked rights or legitimate interests in the domain name, nor that it registered and used it in bad faith.

Panelists Clive N.A. Trotman, Edoardo Fano and Bradley A. Slutsky did not discuss whether or not the complainant had engaged in reverse domain name hijacking by filing the case. It seems to me that it would be warranted.

Source : http://domainnamewire.com/2016/12/05/icp-com-udrp-denied-no-reverse-domain-name-hijacking/