This isn't TMed... is it?

[Phronesis]

I own the domain ghostkeylogger (.com) and have for several months. It generates nice traffic and revenue at Sedo but I decided to give it a shot at Parked.com. They say it is "sensitive" which my account manager said means "trademarked" but I have never found any TM's on this name. I know there is software out there with the name but I was always under the impression it was a generic term. Can someone show me proof of a TM because I can't find it!
Thanks~

 

[labrocca]

...software out there with the name

Ugh...that's their trademark then. They are the #1 result in google for "ghostkeylogger" which means you can easily confirm their TM and usage. Keep it at Sedo then if Parked.com won't allow it. I am suprised you haven't been C&D'd yet.

 

[Phronesis]

Why wouldn't the TM show up in the TESS database? I just checked their website and I can't find anything about a TM.

 

[godinu]

actually TM applies even if it isn't listed in TESS or USPTO's database. Usage counts toward trademark as well, so if ghostkeylogger software existed before your registration of that domain, a judge would rule in favor of the software company. It makes sense that the domain you own would fit the software they offer.

 

[labrocca]

A registered trademark is seperate than a trademark. As I said..it's #1 for a the google result meaning it's not difficult to establish their usage and popularity for the term.

 

[Ronald Regging]

Its definitely TMed through usage. As for them coming after you, it's a gamble... Personally, I think the domain they own keylogger.net is better than the one you have... But that doesnt mean they couldnt just take yours and redirect it.. which makes perfect sense.

So might not ever have any problems, but if they ask for it, your best bet is to just give it to them.

 

[Phronesis]

Funny thing is, I offered to sell to them months ago and they never replied.

Thanks all for your replies.

 

[Ronald Regging]

offered to sell it to them?? Well then you had to know it was TMd and you made a stupid mistake... Buying a domain and offering to sell it to a TM holder is the definition of a "cybersquatter"...

you're lucky they dont sue you.

 

[Phronesis]

offered to sell it to them?? Well then you had to know it was TMd and you made a stupid mistake... Buying a domain and offering to sell it to a TM holder is the definition of a "cybersquatter"...

you're lucky they dont sue you.

As I said, I wasn't aware of any TM when I bought the name from a reseller and still don't see one now. But thanks for stating the obvious. I was grateful for constructive input - not insults.

 

[qO_Op]

In general for all domains which may be TMd:

What if you don't actually offer the domain to the company, but offer/sell it by Sedo or eBay for a high value (or any value)? Claiming that you never knew the domain was trademarked?

 

[Dave_Z]

In general for all domains which may be TMd:

What if you don't actually offer the domain to the company, but offer/sell it by Sedo or eBay for a high value (or any value)? Claiming that you never knew the domain was trademarked?

Somewhat tricky question. But if you "slip up", then you can still get sued. :D

 

[DNQuest.com]

Ignorance is no excuse, every registrar have TOS that basically states "it is your responsibility to make sure the domain you resigter is not TMed". In this day of the internet, just google(tm) the term and look at the results. Takes aobut 15 seconds of your time.

names/products/services do not need to be registered to have common law TM protection.


[0.
QUOTE=Phronesis]As I said, I wasn't aware of any TM when I bought the name from a reseller and still don't see one now. But thanks for stating the obvious. I was grateful for constructive input - not insults.[/QUOTE]

 

[VisualArtistFrankBonilla]

You were under the impression "ghostkeylogger" was a generic term? :ghost:



Frank