Trademark again

[SimpleDomaining]

Have got an interesting example question:

Does following disclaimer written on .com site mean that i cannot buy info, or i will get trouble?
" “url.com” and the “url.com” logo are trademarks and service marks of the owners of the Site ("the Marks"). Any unauthorized use of the Marks is strictly prohibited.
Any product, service, or trade name other than those owned by the owners of the Site that identify a third party as the source thereof may, even if not so indicated, may be the service mark or trademark of that respective entity or individual. "

 

[user-7256]

They might catch you, depends how much money and resources the company has... probably should not use it...

 

[SimpleDomaining]

thanks for answer so much.
What i mean is, where is nothing written about that particullar 2 words (in this example "url" )trademark . It is used together with .com in their explanations. So i can understand what that word+word+com=their trademark, isnt it? Because that word+word bouth are very common.

 

[DNQuest.com]

If I read this correctly, are you asking if you use a (common word)+(tm).com and provide a disclaimer saying that the name you are using is not infringing on another party (tm), are you in the clear?

If this is the case, it is immpossible to answer without specifics. But I offer the following: 1- disclaimers and be invalidated by courts. 2- The TM 3- the use of the domain 4- dates of registration

All these work together to see if what you are doing is legitemate or not. Jsut becasue you say you are not infringing on a TM does not mean it is true.

 

[SimpleDomaining]

no. common word + common word+ com all together written as trademark.

 

[uniquestreak]

how legal is typing "copyright by blank 2005" on a website

 

[dpk87]

how legal is typing "copyright by blank 2005" on a website

What do you mean? If you write any content of any type, you can add that...
Same for an image..

 

[Refrozen]

how legal is typing "copyright by blank 2005" on a website

If you or your tm is blank, and it's your site... then... yeah, that's perfectly legal. :tri: :tri:

 

[Dave_Z]

If you or your tm is blank, and it's your site... then... yeah, that's perfectly legal. :tri: :tri:

Are you willing to bet even money on that?

 

[DNQuest.com]

no. common word + common word+ com all together written as trademark.

I see, the easy answer is Yes, it will be your TM is you are using it in a commercial sense.

The hard answer is don't know. There are many factors that you need to consider weather you TM is a valid TM. The words used are important, the usage of the site is important. Example, DNQuest.com is my TM, I use it in business. I would say Letter Letter and quest are all common "words". But the meaining of DN is domain name, while quest is a common term. Now, I put them together to giving them a specific meaning. I am in the domain name business. So if someone cose along trying to use the same name, I have TM rights.

Example- Someone tried to pass a site off very similar to mine. I will not give out the name since they are a member on one of the forums. But if you look at the name, It will easily be confused with mine. I wrote a nice email to this person, he said, the name is different, these are common words. I shot back a little harsher and gave the details of my case. Needless to say, he backed off.

In conclusion, the words being used and what business is associated with it are strongly considered to see if it is a valid TM or not. Also, the timing of TM is a big factor. Notice I said "valid", anyone can claim a TM (just like anyone can sue anybody for any reason), but having a valid TM could be a different story.

There cannot be a concrete answer for your question without knowing the specifics involved. TM case are not all cookie cutter senarios.

Are you willing to bet even money on that?

can I get some of that action too?