TM issue?

[000]

I have owned the domain www.theamericanbank.com for a while now (and have never had any problems with it) and am now considering looking for an end user. However, before I start, I would like to be sure that there are no TM issues with the domain. The way I see it, there are tons of "American Banks", so who's to say that the domain is infringing upon their trademark? A Google search for "american bank" yields over a million results, including these banks:

www.americanbank.com
www.american-bank.com
www.ambnk.com
www.americanbankmontana.com
www.americanbankmn.com
www.abtexas.com

...just to name a few.

Do I have anything to worry about from these banks? Is it safe to contact them?

Educated replies only, please. Thanks!

 

[Ronald Regging]

I think unless those companies are all owned by a giant umbrella corp, you'd be fairly safe legally. That doesn't mean they won't come after you and force you to pay legal fees to defend it though.

 

[000]

Thanks a lot, Herb.

 

[IAmAllanShore]

Check the UDRP history at NAF - lots and lots of domains with the words "bank" and "america" or "american" in any order and typo have been transferred.

Case No. Domain(s) Case Name Domain Policy Commenced Status Decision Date
267427 americanbankeronline.com Global Informational Licensing Corporation v Bankers Online UDRP 5/10/2004 Transferred 6/18/2004
661292 bankofamerisca.com, bankamericva.com, bankofamericapersonalloans.com, bankamericacredit.com, bankofamericadiscounts.com, bankofamericar.com, bankofameracia.com, bankofamercai.com, bankofamerica-associate.com, bankofamericabankingonline.com, wwwbankoffamerica.com, bankofeamerica.com, bankcfamerica.com, bancofamericaprivacysource.com, banclofamerica.com Bank of America Corporation v Domaincar UDRP 3/23/2006 Transferred 5/2/2006
96584 investmentbankamerica.com Bank of America Corporation v Premium Domains For Sale UDRP 2/12/2001 Transferred 3/15/2001
124515 wwwbankamerica.com Bank of America Corporation v Azra Khan UDRP 9/9/2002 Transferred 10/28/2002
154531 bancamericaairports.com, airportbankamerica.com, airportbancamerica.com, bankamericaportal.com Bank of America Corporation v Out Island Properties, Inc. UDRP 4/23/2003 Transferred 6/3/2003
161459 bankamericafx.com, bankamerica4x.com Bank of America Corporation v dix, Inc. aka James Dicks UDRP 6/5/2003 Transferred 7/21/2003
168843 mortgagebankamerica21.com Bank of America Corporation v Chris Kim UDRP 7/18/2003 Transferred 8/27/2003
201975 bankamericana.com, bankamericana.net, bankamericana.org Bank of America Corporation v Anthony Stojic UDRP 10/14/2003 Transferred 11/24/2003
661292 bankofamerisca.com, bankamericva.com, bankofamericapersonalloans.com, bankamericacredit.com, bankofamericadiscounts.com, bankofamericar.com, bankofameracia.com, bankofamercai.com, bankofamerica-associate.com, bankofamericabankingonline.com, wwwbankoffamerica.com, bankofeamerica.com, bankcfamerica.com, bancofamericaprivacysource.com, banclofamerica.com Bank of America Corporation v Domaincar UDRP 3/23/2006 Transferred 5/2/2006
743461 banckamerica.com, banckofamerca.com, banckofamerican.com, bankamerical.com, banknofamerica.com Bank of America Corporation v Pertshire Marketing, Ltd UDRP 7/20/2006 Transferred 8/29/2006


Doesn't mean you'd lose, just offering it as something to consider.

-Allan :gl:

 

[rrsae]

no TM issues my friend, dont worry, american bank are generic words and cant be TMed

 

[IAmAllanShore]

no TM issues my friend, dont worry, american bank are generic words and cant be TMed

Not debating the name at issue, but that simply isn't true...

"Bank" and "America" are generic, no?

As is "Apple" and "Delta" and a million other TM's, yeah?

Just keeping things clean

-Allan :gl:

 

[rrsae]

with all the respect, only if "theamericanbank" is TMed u would have a problem, and i suppose it is not so IMO you can keep the domain

Not debating the name at issue, but that simply isn't true...

"Bank" and "America" are generic, no?

As is "Apple" and "Delta" and a million other TM's, yeah?

Just keeping things clean

-Allan :gl:

 

[IAmAllanShore]

with all the respect, only if "theamericanbank" is TMed u would have a problem, and i suppose it is not so IMO you can keep the domain

All due respect back, but, no.

That's almost like thinking that "computerapple.com" would be safe (Horrible domain name, just an example).

Yet again, in this case I'm not claiming that he's not safe, just pointing out that the claim doesn't hold.

It's only one test, but the "confusingly similar" standard could reach... (Meh, it can't. Point still stands, however.)

TM's don't have to be one for one matches, nor do they have to be in the same form/order in order to be found to be infringing.

-Allan

 

[DNQuest.com]

In answer to the original post.... You are trying to sell a domain that may be confusingly similar to a TM holder, that could be concidered bad faith (and in the past it has been). Yes, you can have some trouble, you are not protected by the "generic" claim (just read Allans post) if you target the TM that you could be infringing upon.

 

[000]

Thanks again; your thoughts are much appreciated!

 

[Ronald Regging]

I think the best argument here would be one of generic terms and dilution of mark. The words are generic.. That alone doesn't mean much as others have pointed out, but when you can show at least 5 trademarks that are similar in nature, all using the generic term for the exact same services, it tends to not give any single one of them a right to exclusive usage. If they've been in business this long and haven't protected their mark, in the sense that they've allowed competing businesses to use their mark unchecked, it's a seriously valid claim for dilution. This is why I stated in my OP that unless they're all owned by an umbrella corp, you should be safe. But like DNQuest stated, I wouldn't go knocking on their door trying to sell it to them either, or you may face some legal challenges...

 

[000]

Yeah, I think it would be best if I didn't try selling it to an American Bank. Probably not worth the risk.