Trademark Confusion...

[mandarinprofessor]

Hello all,
I have been looking into the new domain gTLD's and I have found a couple available that I am considering buying, they are names for big brand .com companies. I was reading a bit about trademarking and the new extensions and it appears that companies already had there chance to register new extensions and claim there trademarks with the (TMCH) trademark clearing house...These names ARE NOT available and ARE NOT the ones I'm considering buying, but are sort of similar, so, if they were available could I register for example:

PUMA.clothing
Ebay.guru
Reebok.clothing

or, even though they had there chance through the TMCH, I could still face some kind of legal action....Thanks!

 

[Perseusdasilva]

That, my friend, is trademark infringement of the highest degree. One, because they're brand names. Secondly, the domain extension also comes under the class for which the trademark is acquired ( not too sure about ebay.guru, though)

Drop it, if registered. Drop the idea, if not.

 

[scandiman]

or, even though they had there chance through the TMCH, I could still face some kind of legal action....Thanks!

The fact a TM holder didn't reg during the TM period offers you no protection from future legal action regarding a TM domain.

 

[mandarinprofessor]

Bummer

That's such a bummer. I found a really good one too that I'd like to use....What if I just used the domain as an affiliate to the actual company...For example, if I purchased Amazon.clothing and than set up an Amazon affiliate site featuring clothes? Probably still a no go I'm sure.

 

[urlurl]

nope don't do it.

im sure these big corporations have their lawyers on standby with C & D's in hand just waiting to send them out

 

[Rado_Ch]

nope don't do it.

im sure these big corporations have their lawyers on standby with C & D's in hand just waiting to send them out

They are just aching to justify their fat salaries too, so avoid being the subject of their legal hammers

 

[scandiman]

That's such a bummer. I found a really good one too that I'd like to use....What if I just used the domain as an affiliate to the actual company...For example, if I purchased Amazon.clothing and than set up an Amazon affiliate site featuring clothes? Probably still a no go I'm sure.

Let's see, Amazon or another major brand spends billions builds their brand trust and you think they might be fine if you operate an afiliate site that uses their brand? Whatever you're smoking is some strong stuff that is completely distorting reality.:lol:

 

[mjnels]

Let's see, Amazon or another major brand spends billions builds their brand trust and you think they might be fine if you operate an afiliate site that uses their brand? Whatever you're smoking is some strong stuff that is completely distorting reality.:lol:

hm yea but you'd be surprised how many people arnt aware of this.

like i sell macbooks... so why cant i use a domain with that trademark in it?

im aware of why i cant..but i also know smart people that havnt seemed to figure this out and have been operating on domains containing trademarks of what they're selling for years. to them it makes sense... hey im selling this item so why not name my online store after it..

 

[scandiman]

hm yea but you'd be surprised how many people arnt aware of this.

like i sell macbooks... so why cant i use a domain with that trademark in it?

im aware of why i cant..but i also know smart people that havnt seemed to figure this out and have been operating on domains containing trademarks of what they're selling for years. to them it makes sense... hey im selling this item so why not name my online store after it..

Using your example of macbooks, if you had usedmacbooks.whatever selling used product you're not trying to make money off of apple pretending to be apple. They might still try and shut it down since they hold TMs but going straight for brand.whatever is begging for trouble, especially when hoping to be an affiliate of the same brand. About the only scenario where it seems plausible is generic terms, for example if someone had hotels.gtld and was a hotels.com affiliate, the latter could have a logo TM but good luck to anyone getting a word TM for "hotels" for a hotel service.

 

[mandarinprofessor]

Thanks for all of the responses, I decided not to register any of them. I did notice now one of the names I was going to register is now taken: Zazzle.clothing - For those who don't know who/what Zazzle is, Zazzle.com is a top 1000 traffic website that specializes in personalized goods (particularly clothing), so I was surprised to see that Zazzle.clothing was available to begin with, and thought that it may provide a good opportunity as either an affiliate site, or for resale to Zazzle themselves. I don't need the legal trouble or headaches that's for sure, so thanks for the advice!

 

[scandiman]

Thanks for all of the responses, I decided not to register any of them. I did notice now one of the names I was going to register is now taken: Zazzle.clothing - For those who don't know who/what Zazzle is, Zazzle.com is a top 1000 traffic website that specializes in personalized goods (particularly clothing), so I was surprised to see that Zazzle.clothing was available to begin with, and thought that it may provide a good opportunity as either an affiliate site, or for resale to Zazzle themselves. I don't need the legal trouble or headaches that's for sure, so thanks for the advice!

There's a thread in the Industry News forum about canyon.bike you need to look at, trying to sell to a TM holder is about as disastrous a strategy as you can come up with

 

[Zuke]

About the Amazon name, I agree. Don't reg it if you're going to link it to their site. But on the other hand, Amazon is a river in South American, so if you are selling authentic clothes that are made by locales on the Amazon river, and you bought the name Amazon.clothing, then they can't argue with that . . . . of course they'll still try, maybe.

 

[Traveler]

About the Amazon name, I agree. Don't reg it if you're going to link it to their site. But on the other hand, Amazon is a river in South American, so if you are selling authentic clothes that are made by locales on the Amazon river, and you bought the name Amazon.clothing, then they can't argue with that . . . . of course they'll still try, maybe.

They would probably try and win.

People buy clothing on Amazon.com. Maybe a person would be safe if they gave tours on the Amazon river or anything unrelated to the buying and selling of goods. :lol:

 

[Ms Domainer]

About the Amazon name, I agree. Don't reg it if you're going to link it to their site. But on the other hand, Amazon is a river in South American, so if you are selling authentic clothes that are made by locales on the Amazon river, and you bought the name Amazon.clothing, then they can't argue with that . . . . of course they'll still try, maybe.

*

Nice try, but those deep pockets don't see it that way.

They have a boatload of money, you most likely don't.

For your own good, stay away from obvious trademarks like Disney World, Realtor, and Olympics.

There's enough rocky shoals in this biz.

*

 

[platey]

That, my friend, is trademark infringement of the highest degree. One, because they're brand names. Secondly, the domain extension also comes under the class for which the trademark is acquired ( not too sure about ebay.guru, though)

Drop it, if registered. Drop the idea, if not.

mind you i assume the big cat? came before the trademark?

 

[platey]

They would probably try and win.

People buy clothing on Amazon.com. Maybe a person would be safe if they gave tours on the Amazon river or anything unrelated to the buying and selling of goods.

again these huge global companies have named their brands on words that existed long long long before their companies existed or became huge etc and the huge companies would be naive if they try to argue the case that they are the only possible reason a person would want to call themselves amazon etc

so geography isnt taught in school then? eg the amazon river {which has been around for 100's of years before a companies trademark and or copyright and any one deciding that decision in a court etc will usually be of an age to know that the first time they heard of the word amazon was not via some website

 

[platey]

Thanks for all of the responses, I decided not to register any of them. I did notice now one of the names I was going to register is now taken: Zazzle.clothing - For those who don't know who/what Zazzle is, Zazzle.com is a top 1000 traffic website that specializes in personalized goods (particularly clothing), so I was surprised to see that Zazzle.clothing was available to begin with, and thought that it may provide a good opportunity as either an affiliate site, or for resale to Zazzle themselves. I don't need the legal trouble or headaches that's for sure, so thanks for the advice!

as good as the .clothing gtld is and it is great for brands although i reckon big brands prefer the .com but may buy the .clothing purely to prevent it being bought by anyone else

that said the word clothing in the .clothing gtld does appear in google search results as clothing

eg if someone typed in eg cheap clothing the new gtld of that search would appear the top listing in google as google search engine reads clothing as the word clothing not as a gtld

 

[platey]

The fact a TM holder didn't reg during the TM period offers you no protection from future legal action regarding a TM domain.

you are right but it wont be long before the whole domain name v trademark scenario will be revolutionized as its is but it shouldn't be the domain name investors problem that the numerous trademark associations want to remain in the last century the trademark houses need to {get with the program} lol

its like offices of yesteryear not wanting to have computers etc computers came and set the standard

domain names are here and aren't gong away anytime soon

there is also another trademark scenario that is being overlooked

if a person cannot sell a domain name that infringes a trademark?

a person should not be physically able to buy a domain name that infringes a trademark?

but registrars dont mind a person buying a domain name that infringes a trademark?

what will happen is that domain name investors will start suing registrars for lost udrp's due to being allowed to buy a trademark infringed domain name and for all the costs incured etc

only then will registrars stop making available domain names that are not fit for purpose ie to be used traded or sold

if you buy an ice cream for? $3? the same price as a domain name can be bought etc you are usually eating the icecream within seconds of buying it? but before buying it you dont have to swallow the encyclopedia of how to make and test icecreams and perform a test on the icecream before purchase to see if the icecream is edible? that process is done by trading standards etc that make sure that anything sold has to by law be fit for purpose - only in the domain industry is it ok to sell a product and or make a product available for sale that is not fit for purpose

 

[platey]

Hello all,
I have been looking into the new domain gTLD's and I have found a couple available that I am considering buying, they are names for big brand .com companies. I was reading a bit about trademarking and the new extensions and it appears that companies already had there chance to register new extensions and claim there trademarks with the (TMCH) trademark clearing house...These names ARE NOT available and ARE NOT the ones I'm considering buying, but are sort of similar, so, if they were available could I register for example:

PUMA.clothing
Ebay.guru
Reebok.clothing

or, even though they had there chance through the TMCH, I could still face some kind of legal action....Thanks!

new gtld trademark.clothing is available $29 but the question is does trademark.clothing infringe a trademark

 

[Michael Ehrhardt]

there are more than 400 different TM,s for Apple
so
my point is

you can get a TM for Apple Perfum , than you can register these domains