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Trademark applications: Fetch.com, Jerky.com and many more

Labeled as branding in Domain Industry News, started by Acroplex, Jul 8, 2020

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9
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486

  1. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    The Booking.com trademark case at the US Supreme Court opened the floodgates for trademark applications of generic domains.

    Previously seen as generic terms, the SCOTUS decision now allows domains that are formed by otherwise generic (dictionary) words to be eligible for trademark registration - PROVIDED that they have also acquired distinctiveness among their class. How is the latter decided? By providing proof via some type of consumer polling. Yes, it's as clear as mud.

    So now there are trademark applications for Fetch.com, Jerky.com, and even Porn.com among others.
     
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  2. dtagr

    dtagr Chris Stephenson VIP Gold Account ★★★★★★★★★★

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    Dangerous territory we are in. What if I want to buy "something".com, but don't want to pay the price? Am I now able to trademark "something".com and receive the domain through the back door?

    Clear as mud is correct.
     
  3. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    Good question. My unqualified reply is, no, unless the marketing and branding campaign to engage the consumers is so effective, that the brand/domain becomes distinctive - almost impossible without the matching domain. You'd have to see billboards, commercials etc. all bearing the whatever.com domain which someone else owns. :)
     
  4. QuestFuture

    QuestFuture Established Member

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  5. Steven McEvoy

    Steven McEvoy StevenMcEvoy.com

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    Yup, like I stated before this is very bad for the domain industry... Don't listen to Rick Schwartz BS about it.. He can afford to TM every single domain he has. This basically means if you want to start investing in domains you must have a TM for them or any company can just trademark it and take it from.
     
  6. sircc

    sircc Established Member ★★★★★★★★★★

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    I believe you would need to own something.com before you could apply for the trademark.
     
  7. Kingslayer

    Kingslayer Top Contributor VIP

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    Yeah that’s the way I see it.

    I can understand the booking.com trademark win, their brand is ‘booking.com’ not ‘booking’ – If you said “I booked a holiday on booking” people would go “where?” But if you said booking.com, people all around the world know that instantly.

    To become booking.com they had to own the .com first and foremost and make that brand their own (which they have).
     
    Last edited: Jul 9, 2020
  8. Mytz.com

    Mytz.com Top Contributor VIP Gold Account

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    Finally, the domain name was successfully acquired through trademark. Right?
     
  9. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    Once again I have to ask, did you read and comprehend the article?
     
  10. CraigD

    CraigD 360promo.com VIP

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    It makes perfect sense to trademark your high value domains if it can save you headaches down the track.
     

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