TRADE Mark

[redhippo]

there is much fuss about trademarks and legal issues surrounding domain names.

SEDO paid $80,000.00 for sedo.com

couldn't they have just claim it back for reg fees?? like a a big HUGO boss?

:bah:

 

[RJ]

Nope, the original owner purchased Sedo.com in 1998. Sedo the company has only owned a trademark on their name for the past few years.

A trademark has to pre-date the registration date on a domain, otherwise how could the domain owner have violated the trademark if it didn't even exist?

 

[redhippo]

ah! so thats the story behind the sedo name!! wish I can know what names will become Trademark!!!

 

[xclusive]

dont we all red hippo

 

[wisconsin]

Originally posted by -RJ-
Nope, the original owner purchased Sedo.com in 1998. Sedo the company has only owned a trademark on their name for the past few years.

A trademark has to pre-date the registration date on a domain, otherwise how could the domain owner have violated the trademark if it didn't even exist?

Hello,

It doesn't have to be a "registered trademark"

I lost a case, last year, before WIPO even though the complainant never had a registered one! The only thing they had to show to wipo is that they used the word in commercial trading, including used in papers and brochures. I was very unhappy about it because I thoutgh that as long as the complainant doesn't have a "registered trademark in the USA or in their country trademark offices, I get to keep the domain. but WIPO disagreed!

...also other domain owners have lost their domains (because they had them listed for sale and complainant won all the "3" main disputed criterias, including "bad faith") even though, the registered trademarks occured after the registration.


I know this is different from the sedo name because I heard that the guy who owned it before, his name was "sedo"

Thanks,

 

[nonenone]

but then cant u just change ur name to your domain name?

 

[wisconsin]

Originally posted by nonenone
but then cant u just change ur name to your domain name?

Hi, nonenone!

do you mean change your name legally to your domain name?

Yes, you can!(here in the USA) I am not sure about other countries?

 

[RJ]

Originally posted by wisconsin
I was very unhappy about it because I thoutgh that as long as the complainant doesn't have a "registered trademark in the USA or in their country trademark offices, I get to keep the domain. but WIPO disagreed!

I know, that's a good point. Just because a trademark isn't registered with the USPTO doesn't mean that a company can't claim common law trademark if the term has been identified with their company.

This wasn't the case with Sedo, where original owner purchased Sedo.com in 1998 and SEDO the company didn't come to exist until 2001.

 

[armstrong]

Originally posted by nonenone
but then cant u just change ur name to your domain name?

That might work, except for the fact that domainers usually have *a lot* of domains. Even in the US, a judge will probably let you change your name only so many times before calling in the shrinks.

 

[redhippo]

you cant win all the time. just one big sale will do!!

 

[csmaster2005]

he's right, if you get one big sale, instead of alot of smaller ones.. thats better

 

[BoRiCuA]

Not always csmaster...