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Trademark or Not?

Labeled as question in Legal Discussion started by PreciousNickia, Jun 11, 2016.

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773

  1. PreciousNickia

    PreciousNickia Established Member

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    Hello fellow NPers,

    Recently, I saw a domain that I liked and gave thought into buying. However, I did some research and found out that a TV show has the same name as the domain name. It's not really a popular show. Also, there is a store carrying the same name. I checked to see if there is any trademark on the name, and there is not - according to MY research, but I could be wrong. Anyways, I just want to know if any of you think I should proceed with purchasing the name, considering these factors. Thank you :)

    P.S - It's a 2 word brandable. Very common combination of words.
     
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  2. iowadawg

    iowadawg WHO CARES? VIP ★★★★★★★★★★

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  3. Jman92

    Jman92 keep grinding VIP

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    as long as you did your research, you should be fine.
     
  4. Justin Matmor

    Justin Matmor Active Member VIP

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    Have you checked if it has a trademark in another country besides USA?
     
  5. damance

    damance Established Member

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    What if my domain is BigBlueBanana.com and BlueBanana.com is TM??? Problem or not?
     
  6. deez007

    deez007 The More I Learn The Less I "Know" VIP

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    I would buy it if I were u
     
  7. Mctek

    Mctek Established Member

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    What if it's trademarked in another country?
     
  8. Smiles76

    Smiles76 Established Member

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  9. Dominique

    Dominique Established Member

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    The advice we can give is affected by the quality of information we receive from you. The information you gave is too vague.
    Unfortunately, without knowing the domain name or trademark it's just a blind guessing game.
     
  10. Dominique

    Dominique Established Member

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    The term "big" in "BigBlueBanana.com" probably would be insufficient to avoid any likelihood of confusion between the trademark (BlueBanana) and the domain name (BigBlueBanana.com).

    According to previous decisions: "addition of a generic word to a trademark in a domain name is insufficient to avoid a finding of confusing similarity between the mark concerned and the domain name"

    However, it doesn't necessarily mean you will lose the case! Complainant must prove that the disputed domain name has been registered and is being used in bad faith, which sometimes is not so easy to accomplish..
     

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