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namesquare

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Apparently there's a new cloud gaming system, Stadia, that is supposed to be releasing that's supposed to be better than Playstation and XBox. Have y'all acquired names?
 
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Bertrell

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New gaming system, eh?

Looks like they took the name of an old brand of tennis shoe and recycled it. :xf.grin:

stadia shoes.jpg
 

namesquare

DomainParadox.comTop Contributor
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Impact
15,999

namesquare

DomainParadox.comTop Contributor
Impact
358
Motorola filed for a "Stadia" TM back in 2010

https://www.engadget.com/2010/12/16/motorola-stadia-trademark-application-hints-at-device-with-gam/

The new gaming system is by Google so be careful what you register

I haven't checked if its a TM or not but make sure you are aware of this before splashing out on any names. I thin kyuo will find in the years to come, it will be like registering a PlayStation or XBOX name.
Definitely keeping this is mind, but they cannot stop gamers, live streamers, special parody laws, stores selling the products and services, affiliate networks, gaming clubs/clans, etc. On the contrary, I would think they would want to encourage this. They're fully aware of the age of domains and they would have snatched up all the domains they wanted for this too, I would imagine. Also, 'stadia' is a normal word, not newly made up.
 
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Definitely keeping this is mind, but they cannot stop gamers, live streamers, special parody laws, stores selling the products and services, affiliate networks, gaming clubs/clans, etc. On the contrary, I would think they would want to encourage this. They're fully aware of the age of domains and they would have snatched up all the domains they wanted for this too, I would imagine. Also, 'stadia' is a normal word, not newly made up.

Yes they can stop if you if they want to. They can take the name from you if its trademarked. It also doesn't matter if "Stadia" is a normal word, so it Apple and Orange and they are both trademarked.

Its all about usage and whether you are infringing or not, if you are registering a Stadia name to show Sports Stadiums, then you will be fine. If it is trademarked and you are registering it to for a gaming/game/Stadia Controllers etc website, then that is showing bad faith. I would stay away from them, these names dont end up having much value long-term if you look at past similar niches.
 

namesquare

DomainParadox.comTop Contributor
Impact
358
Yes they can stop if you if they want to. They can take the name from you if its trademarked. It also doesn't matter if "Stadia" is a normal word, so it Apple and Orange and they are both trademarked.

Its all about usage and whether you are infringing or not, if you are registering a Stadia name to show Sports Stadiums, then you will be fine. If it is trademarked and you are registering it to for a gaming/game/Stadia Controllers etc website, then that is showing bad faith. I would stay away from them, these names dont end up having much value long-term if you look at past similar niches.
There are too many domains registered for them to go after individuals they suspect are infringing on their many brands, especially in 2019. Yes they have the money to do it, but it would be a waste of time, money, and resources. I've heard of the stories from 1-2 decades ago but I just don't think they would in this day and age. They can't simply take the domain but can file complaints and lawsuits. If it were only that easy, you would have many companies trying to acquire domains, claiming some sort of infringement. I think it's OK now. This isn't 1999-2007.
 
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There are too many domains registered for them to go after individuals they suspect are infringing on their many brands, especially in 2019. Yes they have the money to do it, but it would be a waste of time, money, and resources. I've heard of the stories from 1-2 decades ago but I just don't think they would in this day and age. They can't simply take the domain but can file complaints and lawsuits. If it were only that easy, you would have many companies trying to acquire domains, claiming some sort of infringement. I think it's OK now. This isn't 1999-2007.

Its not just about whether you can register name and get away with it, its about doing the right thing. Imagine you had spent millions on your brand and people start infringing on your business trademarks. As we have seen many times in the past on here, it doesn't do much for people's reputations when they are start dabbling in TM names. It may not even be a TM, so it may be ok, but its worth checking.

Yes, I could probably go and register a name with Toyota, Apple or IBM in it, is it the right thing to do, not its not, just because I can do it and get away with it, doesn't mean I should. If you saw someone shoplifting and not getting caught, is it ok for you to go and do it?

I think it's OK now. This isn't 1999-2007.

That is the wrong attitude to have, a TM is a TM, doesn't matter what year it is.
 
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namesquare

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Its not just about whether you can register name and get away with it, its about doing the right thing. Imagine you had spent millions on your brand and people start infringing on your business trademarks. AS we have seen many times in the past on here, it doesn't do much for people's reputations when they are start dabbling in TM names.

Yes, I could probably go and register a name with Toyota, Apple or IBM in it, is it the right thing to do, not its not, just because I can do it and get away with it, doesn't mean I should. If you saw soemone shoplifting and not getting caught, is it ok for you to go and do it?



That is the wrong attitude to have, a TM is a TM, doesn't matter what year it is.
Not knocking trademarks and infringing complaints but there's a lot that has changed over the years in the realm of domains, laws, and what large-scale corporations (big tech) go for. Their proprietary technology (both utility and intellectual) is more important than basic newly-registered domains. Now, if an individual owned a misspelled version of their original domain, that was making $100,000's or $Millions per month on ads, than this would make more sense for a corporation to go after an individual.

Even with the few companies that file complaints, there's no guarantee they would even be granted the domain. It's tough. Most of the time, it would be lightyears cheaper to buy the domain from the owner, than to pay $thousands$ to launch a complaint (with no guarantee of getting it) or file a lawsuit (filing in the courts, paying attorney, and no guarantee of getting it). If it were that easy, I could tie a bunch of super high end expensive domains to what I am involved in :xf.grin: or the trademarks and copyrights I filed, I am sure you have a domain in your stash I can tie into something I am involved in hahaha. Over all, over the years things change, including corporate policy, laws, etc.
 
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Mark Monitor already acquired the one, and only domain they really need.

Most people that usually chase after the fact, usually lose in carrying dead weight in the long run.
 

namesquare

DomainParadox.comTop Contributor
Impact
358
Mark Monitor already acquired the one, and only domain they really need.
Yep. I remember gamers on the SteamPowered network buying domains for Half Life, Counter Strike, etc for their clubs/clans, dedicated server services, selling memorabilia, selling skins and add-ons, various forums, gaming currency, how-to/FAQ sites for various things, for live stream on Twitch and Youtube, Bloggers/Vloggers, new tech and updates, the list goes on.
 
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I am sure you have a domain in your stash I can tie into something I am involved in hahaha.

Feel free to have a look :xf.wink:

Trademark laws still apply, whether you are making millions off someone trademark or $10 off the trademark, its still wrong, thats all I'm saying. I would feel just as guilty stealing $100 as I would stealing $1000 off someone,m its the moral issues just as much as a legal issue.

I cant see any value in the names anyway because of who it is, its just a minefield and you wont be selling them to end-users anyway, development would be your only option IMO
 

namesquare

DomainParadox.comTop Contributor
Impact
358
Feel free to have a look :xf.wink:

Trademark laws still apply, whether you are making millions off someone trademark or $10 off the trademark, its still wrong, thats all I'm saying. I would feel just as guilty stealing $100 as I would stealing $1000 off someone,m its the moral issues just as much as a legal issue.

I cant see any value in the names anyway because of who it is, its just a minefield and you wont be selling them to end-users anyway, development would be your only option IMO
I get it, and thanks for sharing your thoughts. A single game can make billions (i.e. Call of Duty, etc) with millions of people playing the game console, buying skins and add-ons, starting clubs, etc. May be out of your realm hahaha but yeah it's a new thing ppl do. There's a huge market in gaming. Even the U.S. government heavily invested in gaming to encourage ppl to join the military, VR / Simulated training, etc.
 
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namesquare

DomainParadox.comTop Contributor
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358
Good example here, Fornite is a massive game, take a look at the public sales, Only one real sale matters:

fortnite.com 71,500 USD 2013-07-10 GoDaddy
fortniteshop.com 959 USD 2018-12-10 GoDaddy
playfortnite.com 699 USD 2018-10-18 GoDaddy
fortnitehq.com 240 USD 2019-03-14 GoDaddy
fortniteninjas.com 185 USD 2018-09-11 Flippa
fortniteitems.com 148 USD 2018-12-10 GoDaddy
fortnitemerchandise.com 105 USD 2019-03-12 GoDaddy
This game is huge too. There's a bunch of fan sites, skins and Add-Ons, forums, etc.
 
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Even the U.S. government heavily invested in gaming to encourage ppl to join the military, VR / Simulated training, etc.

I know they are and a lot of of other companies invest it in too, but they arent infringing on any TMs..this the the point I'm making
 
Impact
15,999
Good example here, Fornite is a massive game, take a look at the public sales, Only one real sale matters:

fortnite.com 71,500 USD 2013-07-10 GoDaddy
fortniteshop.com 959 USD 2018-12-10 GoDaddy
playfortnite.com 699 USD 2018-10-18 GoDaddy
fortnitehq.com 240 USD 2019-03-14 GoDaddy
fortniteninjas.com 185 USD 2018-09-11 Flippa
fortniteitems.com 148 USD 2018-12-10 GoDaddy
fortnitemerchandise.com 105 USD 2019-03-12 GoDaddy

Interesting , and only fortnite.com developed by Epic, I assume the owner owned the name way before Epic had TM's the name so he made a nice sale out of it.

The rest purchased by domainers and doing nothing with the names, parked or for sale :xf.smile:
 
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15,999
This game is huge too. There's a bunch of fan sites, skins and Add-Ons, forums, etc.

Parked or for sale :xf.smile: I see they have made sure they arent using fortnite ads either :xf.rolleyes:
 

namesquare

DomainParadox.comTop Contributor
Impact
358
I know they are and a lot of of other companies invest it in too, but they arent infringing on any TMs..this the the point I'm making
According to the American Bar Association (AmericanBar.org), "
...because the use of another’s trademark is unauthorized by the trademark owner does not make it an infringing use. Trademark owners must not only be diligent in monitoring use of their trademarks online, but also recognize the differences among infringing uses to be challenged, questionable uses to be further monitored, harmless uses to be ignored, and uses that may be annoying, but do not infringe."

https://www.americanbar.org/groups/business_law/publications/blt/2016/02/03_friedman/
 
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According to the American Bar Association (AmericanBar.org), "
...because the use of another’s trademark is unauthorized by the trademark owner does not make it an infringing use. Trademark owners must not only be diligent in monitoring use of their trademarks online, but also recognize the differences among infringing uses to be challenged, questionable uses to be further monitored, harmless uses to be ignored, and uses that may be annoying, but do not infringe."

https://www.americanbar.org/groups/business_law/publications/blt/2016/02/03_friedman/

And this is 100% correct, its fine registering a domain with a trademarked word in it, but dont infringe on someone's trademark with that name and benefit financially from their TM.

Likewise, anyone who chooses to use a trademark without the owner’s permission should be mindful not only of the potential liability for infringement, but also of other potential consequences, such as violation of laws other than trademark laws or violation of a social media platform’s terms of use, leading to loss of privileges. It is the responsibility of the user – whether a competitor of the trademark owner or a consumer – to respect the brand owner’s rights and to comply with applicable laws and terms of use
 

namesquare

DomainParadox.comTop Contributor
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And this is 100% correct, its fine registering a domain with a trademarked word in it, but dont infringe on someone's trademark with that name and benefit financially from their TM.
Are you from Perth Australia?
 

namesquare

DomainParadox.comTop Contributor
Impact
358
And this is 100% correct, its fine registering a domain with a trademarked word in it, but dont infringe on someone's trademark with that name and benefit financially from their TM.
These large tech and gaming companies will not go after people using these domains to sell their products. That would be ignorant, a waste of money, and resources. Example: 'smartphone' is a trademark. Could you imagine what would happen if they went after everyone and business with the word 'SmartPhone' in their domain or company name. It would be the end of the human race. Same scenario.
 
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There are too many domains registered for them to go after individuals they suspect are infringing on their many brands, especially in 2019.
It seems Google didn't get the memo ...

EPIicuk.jpg


image source: udrpsearch.com
 

namesquare

DomainParadox.comTop Contributor
Impact
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It seems Google didn't get the memo ...

EPIicuk.jpg


image source: udrpsearch.com
I've gotten the memo, and with all the domains registered, that's a drop in the bucket. With most UDRP complaints, there's often more involved with each case filed. Each case is unique.

It's like a shark attack, you hear about them, but overall, they're quite rare.
 
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These large tech and gaming companies will not go after people using these domains to sell their products. That would be a ignorant, a waste of money, and resources. Example: 'smartphone' is a trademark. Could you imagine what would happen if they went after everyone and business with the word 'SmartPhone' in their domain or company name. It would be the end of the human race. Same scenario.

Yeah, a lot of them wont go after you because its not worth the time or money to them, but they can if they want to if the TM has been filed.