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]

..​

 

[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/

 

[Michael Ehrhardt]

Sanofi wins case over Ambien domains, but to what end?


20 domains canceled, meaning they can just be used again.

Sanofi has won a cybersquatting case against the owner of 20 domain names that have Ambien (Sanofi’s blockbuster sleeping medicine) in them. The owner of the domain names used them to put up online pharmacies.

But what good will it do? The perpetrator will merely spin up a handful of over domain names and continue to set up dubious online pharmacies.

I imagine Sanofi knows this. It requested that the domain names be canceled rather than transferred. This means the current owner of the domains can re-register them as soon as they are deleted.

I suppose going through the hassle of filing a UDRP makes sense when sites are getting traction or landing in search engine results. At that point, however, I think it’s worth the company requesting transfer rather than cancellation so the domains can be locked away for the remainder of their current registration period.

Source > http://domainnamewire.com/2016/12/06/sanofi-wins-case-ambien-domains-end/

 

[Michael Ehrhardt]

White Castle Loses URS on WhiteCastle.space

White Castle just lost case under the Uniform Rapid Suspension (URS) policy for the domain name WhiteCastle.Space and the domain holder didn’t even respond.

The Examiner although recognized that WHITE CASTLE has trademark rights in the United States long before the domain holder registered the domain name on October 27, 2016.

However the domain name at issues is “used to redirect to some kind of blog containing political views”.

While Complainant has not authorized Respondent to use its registered WHITE CASTLE trademark. Respondent has not submitted any evidence to prove that he is commonly known as WHITE CASTLE or under the disputed domain name. However, Examiner notes that the dominant word elements of the Complainant are descriptive. Examiner considers that a respondent has a right to register and use a domain name to attract Internet traffic based on the appeal of commonly used descriptive or dictionary terms, in the absence of circumstances indicating that the respondent’s aim in registering the disputed domain name was to profit from and exploit the complainant’s trademark

The Complainant does not provide clear and convincing evidence indicating that the Respondent’s aim in registering the disputed domain name was to profit from and exploit the Complainant’s trademark. The Respondent does not use the disputed domain name for commercial purposes and does not refer to the Complainant or its business on the website linked to the disputed domain name.

Source : http://www.thedomains.com/2016/12/15/white-castle-loses-urs-on-whitecastle-space/

 

[Michael Ehrhardt]

How to lose a $175,000 domain name in a UDRP

You buy a domain name for $175,000.
It’s a geo domain name, but it also matches a famous trademark.


http://domainnamewire.com/2016/12/28/5-2016-lose-175000-domain-name-udrp/

 

[Michael Ehrhardt]

A great UDRP decision for owners of short domain names


Source : http://domainnamewire.com/2017/01/03/great-udrp-decision-owners-short-domain-names/

 

[Michael Ehrhardt]

Gleissner firm backs down in fight against Expensify over “Concierge”


EBB Development withdraws opposition after Expensify alleges fraud.

I’ve written several stories about firms owned by or connected to Michael Gleissner making questionable trademark claims, including challenging Expensify on the expense report company’s Concierge trademark application.

Source : http://domainnamewire.com/2017/01/03/gleissner-firm-backs-fight-expensify-concierge/

 

[kunkka]

My question is closely related to this, so i'm gonna ask it here.
I just found super domain name sitting in regitrar and waiting for me. But it seems to good to be truth, so i did some research and found out that name of "my" domain is very similar to the company's trademarked name (and their product with the same name).

For example:
Lets say that domain that i want is FirstAugmentedReality(dot)com, and the company's name and the name of their product is FirstAR(dot)com.
They have trademark for FirstAR (Word Mark: FIRSTAR; Class status code: 6; Goods and services:
Virtual reality software for for live-action video delivery; Pseudo mark: FIRST AR; Party name: FIRSTAR INC.).
In that case, is it too risky to get that domain? I have intention to buy domain and sell it. No parking, no page-making or anything.
And to mention that domain that i want was deleted in 2016.