TM Issue Territory?

[Grrilla]

- Google w/ a non-word sufx/prefx?
- (Any) Browser Name + "toolbar"? "taskbar"? "tools"?
- i podcast? i- podcast? i p-o d?
- Olympic/ Olympics/ Olympian/s w/ other keywords?
- Olympix?
- R e a l t o r applied to non-US property? US property?
- Realty?



TXIA

 

[RJ]

A lot of it is gong to depends on your use for the domain, like if you're competing with the trademark holder or establshing your own rights in a new term.

But in general, "looking for TM trouble" IMHO:

- Google w/ a non-word sufx/prefx?

YES

- (Any) Browser Name + "toolbar"? "taskbar"? "tools"?

YES

- ipodcast? i-podcast? ip-od?

YES -- drop the i, and you're ok (podcast)

- Olympic/ Olympics/ Olympian/s w/ other keywords?

YES, if your use has anything to do with the Olympic Games or other protected "Olympic" trademark uses.

- Olympix?

Same as last one. You could possibly establish this as a brand name in an unrelated industry and be fine, maybe even qualifying for trademark protection yourself. There is a trademark on the term 'Olympex' used for fine metals and collectable coins.

- Realtor applied to non-US property? US property?

Grey area -- 'realtor' is a trademark in the US although many are trying to get it reclassified as a common word. I'd say yes, still a potential TM problem if you're using the name and you're not a member of the association of realtors. Not sure about outside the US.

- Realty?

No TM probs for this generic word. It's just another word for 'real estate'

 

[Grrilla]

Thx -RJ-. Saved me some useless regs and a few $$'s.

I had seen Googledom and a few others regged and saw some possibilities avail that I like. It appears that I did pull the trigger too fast and regged a couple of "tool/taskbar" names for a new foreign browser. A bit suprised that "tools" would be a prob, but if you're using someone elses TM'd name in your term, it does make sense. I suppose the same prob arrises w/ other generic word combs, ie "info", "facts", etc.

There's a new Chinese browser that's out- "B a i d u" Think I'll have trouble w/ "B8du" ? (not a great name- but 8 is a lucky # and very popular in China and thought that it could be applied to something non-browser related, but does borrow from the term it is based upon.)

I also missed the mark w/ some "i p o d/i-p o d" names, ie i p o d microphones. Suppose those are worthless to me, now.

The realtor issue comes up, because I have a couple of foreign countries that are combined w/ R e a l t o r.

 

[RJ]

I also missed the mark w/ some "i p o d/i-p o d" names, ie i p o d microphones. Suppose those are worthless to me, now.

Not neccessarily. There are ways of using trademarks in domains legitimately. For instance, if you are an authorized seller of iP0ds, you may be able to setup shop on iP0dsForSale.com, or iP0dAccessory.com. Doing so could be considered a legitimate use for those domains.

Likewise, there are a ton of sites that contain 'Google' in them that offer useful tools for Google users. Googlism.com, googleguide.com, etc. I'm sure many of these operate without Google's permission, and Google has allowed it (or rather, not tried to shut them down). You be able to use a domain containing a trademark of a company without them caring, but without their permission they will always have the option to make a fuss about it down the road.

BTW, Google does have guidelines and a place where you can ask permission to use their trademark in your domain. link

Trademarks aren't always cut & dry. Your use of the name is important. My answers in the above post is assuming that you just plan to register for resale or domain parking purposes.

 

[-db-]

Great thread/posts guys!

I'm reminded of all the Sony Walkman Bean domains that are being registered right now. :o

 

[JoshHendo]

In the past I have registered getfirefox.biz (sold that) and i was never contacted by mozilla. iu contacted them even and i didn't get a reply

 

[Grrilla]

In the past I have registered getfirefox.biz (sold that) and i was never contacted by mozilla. iu contacted them even and i didn't get a reply

Is there an issue w/ Open Source names?

 

[Mayur]

Mozilla doesnt mind use of trademark names as long as you send in a letter of permission. I had to do that for one of my names.
http://www.mozilla.org/foundation/trademarks/domain-name-license.pdf

 

[Dave_Z]

The realtor issue comes up, because I have a couple of foreign countries that are combined w/ R e a l t o r.

I forgot the name of that national group of realty-based agents, but they do
have the word "realtor" trademarked.