NameSilo

Trademark Issue?

Located in Legal Discussion, started by TampaDomains, May 28, 2016

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8
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950

  1. TampaDomains

    TampaDomains Established Member

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    Just got a good domain name, it has to do with water damage. The full domain is singular and I see a website has the exact same domain but with s on end for plural and it appears that is the exact name of their company also, with the S.

    They service over 100 cities in the US but this is not a trademark issue right? All the terms in the domain are generic. I read something that said if its generic terms then it can never be trademarked.

    This company would be the easy sale most likely, the singular version I have gets more searches than the plural anyway.

    What do you guys think?
     
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  2. TampaDomains

    TampaDomains Established Member

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    In addition, http://domainindex.com/ shows only 20% chance of trademark risk.
    Usually I see it at 40% or more for names that for sure are not trademark risk.
     
  3. enlytend

    enlytend Top Contributor VIP Gold Account Trusted Blogger ★★★★★★★★★★

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    Problem is many people have no concept of what "generic" means.

    Ignore automated tools.

    You may want to read this, (and rest of the thread it's in) - https://www.namepros.com/posts/5543610/
     
  4. frank-germany

    frank-germany domainer since 2001 / musician VIP

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    you may check if its trademarked or not

    trademarks are no guessing game

    trademarkia.com
     
  5. TampaDomains

    TampaDomains Established Member

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  6. Dave_Z

    Dave_Z Electrifying Guy VIP ★★★★★★★★★★

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    If the party in question can't demonstrate trademark rights, registered or not.

    Generic term/s can (not) become trademarks depending on their context. Apple can't become a trademark if used in its generic context of fruit, but it can be for electronics.

    The post that Enlytend linked here can provide (a bit more) understanding.
     
  7. Harry77

    Harry77 Established Member

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    Everybody here knows what a trademark is, and knows the rules in detail, a lot of people here is pretty sure of what can be registered and what can't be registered .
    I'm sorry but even a lawyer can't say for sure something about a single case, because each case is a different story in trademark, according to the people here if I put a domain in trademark247.com or service like these I know if there is a registered trademark or a "de facto" trademark and I can't register it, it's not true, every single case has a different story and who wanna protect their trademark must go to the court to be sure to meke you remove the domain, he don't know it for sure before that. Just because every single case has a different story, Maybe I can't register cocacola and there is only one entity with that name but for exemple I own Parma dot biz and there are a lot of companies using that http://www.trademark247.com/tm-parma.html but it is the name of my town, an etruscan town with a minimum of 4000 years of history in northern Italy and maybe a lot of people here are sure that for a mechanic reason of trademark machanism I should let this domain drop.
     
  8. TampaDomains

    TampaDomains Established Member

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    What about this scenerio:
    carsforsale dot com is a trademark. it looks like the domain name not the phrase, not sure how that works but.
    is there an issue with buying domains carsforsalenewyork dot com, etc. with various cities inserted on the end?
     
  9. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    "Apple" is a generic word for apples. It is a trademark for computers.

    "Coca" and "Cola" are both generic words for plants. Put them together in a drink, call it "Coca-Cola" and see what happens.
     

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