Dan.com
Dynadot
Impact
2,533
well, if you're talking about outside of Crypto that's even easier to provide 10-15 of them at gen.xyz reports: https://gen.xyz/category/blog/website-wednesday


Of course how silly it is, just a sarcasm that mimicking those proofs you given.
That link is probably the only useful piece of information you have lent to this thread.

Again, I don't know what "proofs" you're talking about cause it didn't make sense what you're saying.

At this point you may wish to acknowledge that what you've been attacking me for is entirely fictional. It's not a crime to have an opinion.
 
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Future Sensors

78% of human domainers will be replaced by robots
Impact
11,146
Since clinique (translation of clinic) is indeed a dictionary term in French, I would argue in her defense that she also had the foresight to register the most popular dictionary terms in XYZ in many other languages. An example of this is "koffie" (translation of coffee) in Dutch.
 

DOMAIN ILLUMINATI

THTMVATMEDNOAT
Impact
10,216
While I were shaking my head at all the "It's a TM!" - posts, I was just waiting for this post.

ADDITION

Just to avoid any possible misunderstanding ... sure, this term (no need to write "generic" term because terms are generic in general, that's why they are terms) is (used as) a TM, owned by the named company (and maybe by other companies in other trading classes or areas) but the point is that it is first and foremost a term (its language doesn't matter) which thus belongs to every person, everywhere ; )

TMs are one thing, terms are another, no one can purchase terms ...

... but (TMs and) domain names!

@Robbie
The xyz's queen's name name isn't "Sweetha" but "Swetha".
 

DNGear

Swetha.xyz
Impact
14,733
It was priced 79888. I really didnt know it was a popular TM. (I am based in india). So i wanted to give it up.


1649946533257.png
 
Since clinique (translation of clinic) is indeed a dictionary term in French, I would argue in her defense that she also had the foresight to register the most popular dictionary terms in XYZ in many other languages. An example of this is "koffie" (translation of coffee) in Dutch.
It was priced 79888. I really didnt know it was a popular TM. (I am based in india). So i wanted to give it up.


View attachment 214039

Thanks for sharing that. You made a good decision IMO.
As a generic term the upside is very limited.

I am not sure anyone accused you of targeting TM holders or anything.

I just thought it was a weird sale to highlight as it was a brand protection purchase by a famous TM holder. You have made far better sales, for far better terms.

Brad
 

DOMAIN ILLUMINATI

THTMVATMEDNOAT
Impact
10,216
So what we can see in this thread is that ESTEE LAUDER's (or AFTERNIC's (GODADDY's (?))) "final and best" (offer ($ 5,000.00 USD)) ...

1649963255262.png

What you see above is a part of a (red marked) screenshot (of a part of a screenshot) taken from post #81 of this thread.

... was not their top offer (as their agreement (at least this is what one can assume) to xyz's queen's counter offer ($ 8,888.00 USD) can be considered as "their" top offer).



On a side note but in regards to "best and final" offers ...
... will Elon Musk stick to his "best and final" offer for TWITTER - in other words, will it be his top offer?

1649963438934.png

What you see above is a part of a (marked) screenshot (of a part of a screenshot) taken from the following BLOOMBERG article:
https://www.bloomberg.com/news/articles/2022-04-14/elon-musk-launches-43-billion-hostile-takeover-of-twitter?msclkid=67e04588bc2311ecac1c2b07ced66593

Or won't his ("best and final") offer be his top offer?
 
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DOMAIN ILLUMINATI

THTMVATMEDNOAT
Impact
10,216
... term (no need to write "generic" term because terms are generic in general, that's why they are terms) is ...

I noticed that I have to correct myself here.

In my quoted post (line), I confused the term "generic" with the term "descriptive", thus the outcome is nonsense.

So whoever readed it, is welcome to consider reading it again - but now with "descriptive" (which is what I actually meant) instead of "generic", then my statement makes sense ...

... term (no need to write "descriptive" term because terms are descriptive in general, that's why they are terms) is ...

... thanks.
 
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Impact
294
It was priced 79888. I really didnt know it was a popular TM. (I am based in india). So i wanted to give it up.


View attachment 214039
I am going to have to call BS on this one. How many French words do you have in your portfolio? And if you didn't know it was a trademark, what would ever possess you to price the word "clinic" in French at nearly 80k USD? I call "bullshit".
 

Jimmysun

Highquality.xyz
Impact
1,309
I am going to have to call BS on this one. How many French words do you have in your portfolio? And if you didn't know it was a trademark, what would ever possess you to price the word "clinic" in French at nearly 80k USD? I call "bullshit".
Why can't she price a one word in French at 80k in a circumstance without knowing it's a TM?
 

DNGear

Swetha.xyz
Impact
14,733

CLINIQUE: reputation alone may not cure trademark's inherent weakness​

Jacobacci & Partners

Jacobacci & Partners logo
European Union, Italy April 5 2017
In a recently published decision (Civil Division, Section I, December 7 2016, no 25168) the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness.
Background Clinique Laboratories LLC, a US company within the Estee Lauder Group and a leader in the cosmetic products market, brought an action against Beauty Full Srl for unfair competition and infringement of the CLINIQUE trademark before the Court of Milan.
Clinique owns several device and word trademarks specifically directed to or including the CLINIQUE mark, related to products and services in Classes 3, 42 and 44. Clinique sued Beauty Full over its use of marks including the term 'Clinique' (eg, DERMACLINIQUE and DERMACLINIQUE BEAUTY FARM) in connection with its own cosmetic products.
Beauty Full successfully defended its position at first and second-instance proceedings. Clinique appealed to the Court of Cassation, which confirmed the lower courts’ rulings.
Court of Cassation decision In upholding the Milan Court of Appeal’s decision, the Court of Cassation held that despite being well known in the European Union and having acquired reputation, the CLINIQUE mark had not acquired strength through distinctiveness.
The starting point of the court’s reasoning was that the term 'Clinique' was similar to the corresponding Italian noun for clinic ('clinica') and the Italian adjective for clinical ('clinico'), and was a foreign term easily understood in the Italian language and sometimes used in its foreign form in the healthcare field.
Thus, the CLINIQUE mark fell into the category of weak trademarks – that is, marks strictly connected to their related products or services, which as a result are considered poorly distinctive.
The court found that the trademark at issue, due to its intensive use over the years and the differences between the medical and pharmaceutical sectors and the cosmetics field, had acquired a certain degree of reputation and secondary meaning. However, this reputation was insufficient to overcome the mark’s inherent weakness, which affected the strength of the protection afforded to the sign.
Therefore, the Court of Cassation upheld the Milan Court of Appeal’s decision, confirming that Beauty Full’s actions did not constitute infringement, counterfeiting or unfair competition. The court stated that small alterations to weak trademarks are sufficient to prevent confusion and, accordingly, concluded that even the slight differences between the trademarks at issue were sufficient to distinguish the Beauty Full marks from the CLINIQUE mark.
Comment The Court of Cassation decision embraces a restrictive interpretation of Article 13 of the IP Code, which relates to distinctiveness, by concluding that achieving secondary meaning does not necessarily cure the weak nature of a trademark. The court found that weakness remains when a sign does not possess the inherent capability of being highly distinctive.
This decision raises doubts as to the court’s reasoning concerning distinctive character since it did not discuss the perception of the CLINIQUE trademark by the relevant consumers.
Some Italian legal authorities have taken the blanket position that words that are descriptive in a foreign language cannot become valid trademarks in Italy. However, the courts have generally disregarded this approach as too narrow. Indeed, the European Court of Justice has stated that the main criteria should be how consumers perceive the sign at issue. If the Court of Cassation had applied such criteria, it should have given more weight to the distinctiveness acquired by CLINIQUE over the years.
Looking at the market through the eyes of a consumer would have allowed the court to conclude that, due to advertising campaigns and strategies carried out by Clinique Labs, and given its widespread presence on the cosmetics market, the CLINIQUE mark had acquired distinctiveness in Italy rising to the level of secondary meaning. In other words, there was a direct connection between the term and the company's products or services in the minds of relevant consumers.
As a long-time Italian consumer of Clinique’s products, I personally believe that not only has CLINIQUE acquired a strong reputation in Italy, but also that this reputation has cured any inherent weakness of the trademark since the connection to the company is now clear.
This article first appeared in IAM. For further information please visit www.iam-media.com.
Jacobacci & Partners - Alessandra Naia
 
Correct me if I am wrong because I wasn't in the business when other tlds were being hyped as .com killers. I remember commercials for .TV registrations on TV and I remember other hypes like .biz and .us.

xyz seems to be doing what .co and the others couldn't do. Attract end users. If the XYZ craze doesn't fizzle out like the others, then two things would have to happen... lay people would have to learn what a TLD is or browsers will end up hiding extensions entirely like the default settings on Windows that hides .txt, .exe, etc. As things go mobile and more and more sights encourage you to use their app, the TLD your website is on will be less relevant. Those of us holding valuable .coms can be left holding massive bags when suddenly end users have 1000 different TLD alternatives that are all equally weighted in the eyes of consumers.

That's my guess of why people are against .xyz.
 

Jimmysun

Highquality.xyz
Impact
1,309
Correct me if I am wrong because I wasn't in the business when other tlds were being hyped as .com killers. I remember commercials for .TV registrations on TV and I remember other hypes like .biz and .us.

xyz seems to be doing what .co and the others couldn't do. Attract end users. If the XYZ craze doesn't fizzle out like the others, then two things would have to happen... lay people would have to learn what a TLD is or browsers will end up hiding extensions entirely like the default settings on Windows that hides .txt, .exe, etc. As things go mobile and more and more sights encourage you to use their app, the TLD your website is on will be less relevant. Those of us holding valuable .coms can be left holding massive bags when suddenly end users have 1000 different TLD alternatives that are all equally weighted in the eyes of consumers.

That's my guess of why people are against .xyz.
xyz symbolized web3 in image that's the reason end users, devs like it due to it can easily be linked with Ethereum name service as their wallet address.
It's unlikely hiding extensions in default on browsers it has to show the definite destination of the website, unlike app and windows there is a download progress in between app store and mobile/windows desktop as you don't need to know the exact address to enter in the search bar in your devices.
 
Correct me if I am wrong because I wasn't in the business when other tlds were being hyped as .com killers. I remember commercials for .TV registrations on TV and I remember other hypes like .biz and .us.

xyz seems to be doing what .co and the others couldn't do. Attract end users. If the XYZ craze doesn't fizzle out like the others, then two things would have to happen... lay people would have to learn what a TLD is or browsers will end up hiding extensions entirely like the default settings on Windows that hides .txt, .exe, etc. As things go mobile and more and more sights encourage you to use their app, the TLD your website is on will be less relevant. Those of us holding valuable .coms can be left holding massive bags when suddenly end users have 1000 different TLD alternatives that are all equally weighted in the eyes of consumers.

That's my guess of why people are against .xyz.

Despite all the .com killers like mobile web, social media, new gTLDs, etc., .COM is as valuable and in demand as ever.

I am old enough to remember when .mobi was going to kill .COM and when Frank Schilling called it "AM Radio". :)

Now we have "Web 3". The new "threat" are things that require a complete paradigm shift like Handshake domains, or quasi extensions like Unstoppable domains which require special software and settings.

You also have .eth domains. A domain existing on one specific blockchain. The same blockchain where you can use legacy extensions like COM/NET/ORG as well as .XYZ and others.

Or the metaverse...

Unless something comes along that improves the experience and ease of use for the general public, I don't see much replacing it any time soon.

Brad
 
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alcy

Top Contributor
Impact
34,396
xyz symbolized web3 in image that's the reason end users, devs like it due to it can easily be linked with Ethereum name service as their wallet address.
It's unlikely hiding extensions in default on browsers it has to show the definite destination of the website, unlike app and windows there is a download progress in between app store and mobile/windows desktop as you don't need to know the exact address to enter in the search bar in your devices.

some link or connection between web3 and xyz exists only in yer mind. and u know it not.
 
Impact
10,696
no offence but if u.one.of em dudes who thinks xyz is like com then we so far apart we got nothing to discuss.

I'll sum her up tho..

swetha has 99percent of most sellable names..99percent of those.are 1word.

2word.xyz will.never work like 1word xyz. in fact they will hardly work.at all

nobody will ever match her consistent 4 or 5fig.sales. pure math stats. but this doesnt mean u cant dream about it like many here do.

will we.see a few lucky 1word.sales.from others.. sure.. some lucky niche sales..crypto or meta. etc...sure... unlikely 5fig tho....

should u waste yer time watching her make big.regular sales.and thinking it can be u. no.

She doesn't own "all" the good dictionary words in .xyz. I own Marketcaps.xyz.
 
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