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TM words in domains. Swiss/Intel both TM, yet on BB, so I decided to get OracleIntel. This is why:

Labeled as discuss in Legal Discussion started by Super-Annuation, Jul 7, 2019.

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  1. Super-Annuation

    Super-Annuation Established Member

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    I see worlds like "Intel / Signal" "Swiss / Intel" "Audio / Oracle" "Fund / Oracle" being marketed on BrandBucket, yet Oracle and Intel both have international TM.

    So the TM classes, services and potential brand dillution mustn't be an issue when displaying TM words. This made me curious, and I decided to get "Oracle / Intel" and "Intel / Oracle" as they're attractive names for blockchain tech oracle functions.

    Anyway

    "Swiss / Intelt" currently on BrandBucket has two Trademark words "Swiss" and "Intel." which has me thinking "Oracle / Intel" cannot be discriminated against, just because each word is TM.

    So I guess the buyer of TM words is within their rights to own the business name and domain name, as long as they're not causing "brand dilution," consumer confusion between brands, or operating under the TM classes (e.g. 36 financial) services (e.g. 36, computerised financial services, provision of insurance advice etc)

    If it were legal for a company to hold universal rights to all services and produced gods branding etc, then citizen liberty to own by law said intellectual property would be excessively executed, and infringe on others right to a name.

    We have the Madrid Protocol and Intellectual Property Law for a reason; Fair entitlement to intellectual property and ensuring international integrity of intellectual property be protected. However, that protection will only exist where the law and protocol cover, it's not universal by default, hence branding/words/classes/services being fractions of a whole that is called Intellectual Property.

    If you have a different opinion I'd be happy to hear it. I'm just tired of people saying "it's TM, you can't have that." If their words have even a shred of credit, I'd be happy to hear it.
     
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  2. cooljub

    cooljub Established Member

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    So who are you going to sell it to?
     
  3. Super-Annuation

    Super-Annuation Established Member

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    I'm thinking, as Blockchain Oracles improve, some will stand out among others. Companies will want those oracles for their commercial or retail platforms services etc.

    I guess anyone looking to monetise valuable Oracles, or some mad gypsy lady that speaks to ghosts.

    I'm just saying, "Yes, each word has a TM. Yes, I'm fine with that. Please stop your pathetic TM callouts and resale spill, because you're making yourself look like an idiot, and exposing you think I don't know what I purchased. Stop"
     
  4. cooljub

    cooljub Established Member

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    This is your best bet.
     
  5. Ategy.com

    Ategy.com NameCult.com Gold Account VIP

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    45% of domainers are too paranoid over trademarks .. and another 45% are not nearly as paranoid as they should be.
    I'd say more .. but I've already said just about everything there is to say about trademarks .. enjoy ... lol

    https://www.namepros.com/search/34949661/?q=trademarks&o=relevance&c[user][0]=992943

    Also do a search for @jberryhill .. his posts are extremely informative on the subject! :)


    All that said .. regardless of if they are safe or not .. who would actually buy those domains? That might be your bigger issue more than any legal one.
     
  6. Super-Annuation

    Super-Annuation Established Member

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    Then she'll have a cool name :D
     
  7. Super-Annuation

    Super-Annuation Established Member

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    Hey thanks, I appreciate your feedback. The market value of a domain is subjective, so a redundant question if you ask me. It's good to use valuation tools and try to purchase 'domains they may be appealing... but I mean, money.com.au sold for $450,000 + this year, which I'm sure there are countless opinions on the value, yet that's the figure.

    You own EstiBot? I can see it in your signature. Legit?
     
    Last edited: Jul 7, 2019
  8. Ategy.com

    Ategy.com NameCult.com Gold Account VIP

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    I don't really mean the value .. but I mean .. who would anybody actually want to start a company called Oracle/Intel? Even if it was legally TM safe, it still is obviously relates to 2 well known companies ... so the only people who would want such a name would be in tech ... but as Trademarks are pretty much usage based, the moment anyone uses Oracle/Intel in a way that relates to anything either company is doing (extremely huge scope) or within their TM classes, then they will indeed be infringing on the trademarks. Making the domains rather pointless even if they might not immediately be "illegal".


    As for Estibot ... lol .. no .. it's just an affiliate link .. I also have links to GoDaddy and DNAcademy in my signature .. for the record I don't own GoDaddy either (and @Michael Cyger owns DNA)!

    NameCult indeed is mine however! ;)
     
    Last edited: Jul 7, 2019
  9. Shackleton

    Shackleton Established Member

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    While your domain shopping, why don't you pick up DisneyCoke.com as well? I'm pretty sure it's available.
     
  10. Super-Annuation

    Super-Annuation Established Member

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    You think the TM scope is too large? I'm not sure, but if Intel and Oracle have TM for Oracle exchange or services remotely covering this (I mean, we've barely acknowledged the magnificence of Trust Oracles) that would suck.

    Intellectual Property Australia have added crypto consultancy to their services search engine, and lawyers are keeping up with this stuff. But it's still a hypothetical as no service exists for this.

    I know there may be some services that you'd probably have to lease just to be the first to provide those new services under the name OracleIntel, BUT I think it's Coll. Anyway, people need to read a little more before and respect an individuals purchase sometimes.

    "OracleIntel - Instil the right vision" or some sh*t ha!
     
  11. Super-Annuation

    Super-Annuation Established Member

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    Because it doesn't make sense.
     
  12. Super-Annuation

    Super-Annuation Established Member

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    HealthOracle (generic/TM
    DAppOracle (?maybe generic/TM
    BlockchainOracle (TM maybe generici soon/TM)
    Oracle/Insight (TM/ can't be bothered looking)

    All taken. It's not like I'm looking for IP to group together and pass it off as a brand.
    You're welcome, 'Oracle' is the business.
     
  13. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    I think the OP has a lot to learn about TMs and domains in general.

    TM or not, crap domains are crap domains. No one is going to be interested in these domains.

    Brad
     
    Last edited: Jul 7, 2019
  14. Super-Annuation

    Super-Annuation Established Member

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    Dude, I really don't care. Oracles source intel and feed it into the blockchain.

    After I purchased it I realised what I had done. I posted it and people told me to delete it due to TM. I'm sick of this crowd mentality. Thus post.

    Don't like my domain, feel better now?
     
  15. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    I guess it must just be that everyone else is wrong, and you are right. Dunning-Kruger effect.

    Brad
     
  16. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    Well some genius has SodaCoke.com on Sedo for $9,000 and paying Sedo to promote it. https://sedo.com/us/sell-domains/promotion-options/
     
  17. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    No industry represents Dunning - Kruger more than domaining, well maybe Hollywood.
     
  18. Super-Annuation

    Super-Annuation Established Member

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    You think I think everyone is wrong? Silly. I hope you're young.

    I don't need to delete this domain. The crowd mentality that insist I should is annoying

    Sorry to say this to you.
     
  19. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    It is amazing really. You see it over and over again.
    I guess it must be because the bar to entry is so low.

    Brad
     
  20. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    I don't really care if you delete it, or pay for renewals for years then let it drop eventually.
    The outcome is the same.

    Brad
     
  21. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    I will also say in the SodaCoke.com situation, @Sedo should not be taking money to promote blatant trademarks on their platform. This one is not well it's a fine line how will it be used? It's a blatant trademark and they should get dinged too for profiting from this nonsense, they are not a registrar afforded certain rights.
     
  22. MrAcidic

    MrAcidic Upgraded Member Gold Account VIP

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    I have learned my lesson on this subject - everyone has their opinion and no matter how many times you try and explain it they don't/won't listen.....

    You can search the forum and see how many times this has been raised and all the posts are very very similar, it is becoming a tad tedious.....

    Register what you want, it is not my money or time being wasted (except on posting on these types of threads) which I will probably start to ignore from now on.

    Your example " Swiss Intelt" is not comparable as "Intelt" is not a trademarked word - you can't just drop the T and call it Intel......

    The word "Swiss" and "Swiss" + Word has 1485 listings in Wipo - I do not have the time or inclination to go through every single entry to see what classifications are still available.........
     
  23. Super-Annuation

    Super-Annuation Established Member

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    I meant Intel. Like oracles feeding intel onto the blockchain.

    Anyway, I don't have to delete it due to legislation. That's kind of what this post was about

    Thanks for your reply
     
  24. Ategy.com

    Ategy.com NameCult.com Gold Account VIP

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    If you aren't using or advertising the domain in any way then you are likely not going to have a direct lawsuit ...

    However .. nobody will ever be able to actually use the domain related to crypto because I'm thinking crypto falls into either "Computer and Software Products" and/or "Computer Software Services" classes .. which are the same trademark classes as Oracle and Intel.

    That being said .. if the usage of the terms are found to be generic in nature, a potential buyer might have an argument ... HOWEVER .. by actually cramming TWO extremely well known technology companies into a brand name, it's essentially telling a judge or UDRP panellist that the newly branded company deliberately went out of it's way to find a name confusingly similar to existing trademark holders.

    So yes .. at the end of the day YOU might not get in trouble if you keep the domain dark .. but nobody will ever be able to use the domain in any way related to tech .. so it's effectively a useless domain unless you can find a buyer outside of tech!


    (Where's @jberryhill when you need him? lol)
     
  25. Super-Annuation

    Super-Annuation Established Member

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    I stated earlier that after I bought it I realised what I had done.

    My point was, I don't have to delete it.

    If I were to argue the marketability of the name, I would have initially done it in my post. You're like the third person that's made this argument in this thread. Chill

    I'll sell it to a damn gypsy if you want to discuss resale. It's a cool name, but probably not a tech industry name.
     

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