Trademark question for a dot TV

[Sull]

So I registered WhatsUpDoc.tv a little while ago on a total whim one night. My questions is: can that be a trademark of Warner Bros? For those not familiar that line, it is a famous phrase from one of their cartoon icons, Bugs Bunny.

WhatsUpDoc.com redirects to Warner Brothers website

WhatsUpDoc.net goes to a parked page

WhatsUpDoc.org goes to some blog

WhatsUpDoc.info goes to a parked page

WhatsUpDoc.biz is registered, but looks to have no name servers

WhatsUpDoc.us goes to - get this - a doctor's website

WhatsUpDoc.mobi goes to a parked page

Granted, I'm just another parked page, but I really like the prospects of .TV and think it has more to offer than those others. Just my opinion, which is obviously biased.

Thoughts?
Thanks!

 

[michaeldotcom]

I've just checked on USPTO and "What's up, Doc ?" is indeed a trademark of Time Warner, registered in 2001.

It was a nice find indeed but unfortunately you might well get in trouble with their lawyers. The fact that they registered WhatsUpDoc.com and redirected it to their website means that they value it and they probably won't like your registration...

 

[Sull]

I've just checked on USPTO and "What's up, Doc ?" is indeed a trademark of Time Warner, registered in 2001.

It was a nice find indeed but unfortunately you might well get in trouble with their lawyers. The fact that they registered WhatsUpDoc.com and redirected it to their website means that they value it and they probably won't like your registration...

Hmmm...i had a feeling that was the case. Muchos Gracias for checking for me.

 

[MicroGuy]

In my opinion you are fine. No TM worries here.

 

[Jeff]

In my opinion you are fine. No TM worries here.

^ I disagree ... and depending on exactly HOW the domain name is ultimately used, I disagree vehemently IMHO. :yell:

For those not familiar that line, it is a famous phrase from one of their cartoon icons, Bugs Bunny.

"Famous phrase" and your intent at the time of registration are critical components, as well! :red: :imho:

Best of Luck.
-Jeff

 

[MicroGuy]

It's dependant on usage. As long as Bugs bunny is not used in relationship to the domain, he should be fine. The trademark is only relevant if used in conjunction with the marketing of a cartoon rabbit.

Be carefull, the term "Vehemently" is a trademarked term of the Road Runner series.

 

[Jeff]

It's dependant on usage. As long as Bugs bunny is not used in relationship to the domain, he should be fine.

I did mention, "HOW the domain name is ultimately used" above ... but, regardless of usage, it is still an enforceable ™ issue (USPTO) ... so it's not as simple as "No TM worries here" and/or "Should be fine", in my judgement. There is also the intent at the time of registration, as well as the known "famous phrase" on the part of the Registrant, as well ... an experienced lawyer specializing in ™ Law can further expand on these aspects, IMHO. :gl:
-Jeff

 

[MicroGuy]

I did mention, "HOW the domain name is ultimately used" above ... but, regardless of usage, it is still an enforceable ™ issue (USPTO) ... so it's not as simple as "No TM worries here" and/or "Should be fine", in my judgement. There is also the intent at the time of registration, as well as the known "famous phrase" on the part of the Registrant, as well ... a lawyer specializing in ™ Law can further expand on this, IMHO.
-Jeff

-Jeff

Large corporations can basically obtain any domain they want. It's not a matter of TM but a matter of "muscle". Large corporations can gain control of almost any domain they want now. For example, if Court TV decided to go after TRUE.TV, they would certainly win considering their substantial legal muscle.

You should read Rick's blog for more information.

 

[Jeff]

Large corporations can basically obtain any domain they want. It's not a matter of TM but a matter of "muscle". Large corporations can gain control of almost any domain they want now. For example, if Court TV decided to go after TRUE.TV, they would certainly win considering their substantial legal muscle.

Thanks for making my point! :gl:

You should read Rick's blog for more information.

Rick's blog? :blink:

-Jeff

 

[MicroGuy]

Thanks for making my point!

Yeah, I learned my lesson when Sun Microsystems decided they wanted my domain MICROSUN.COM. My attorney advised me that it would cost a minimum of $100,000 to fight their claim, so I was forced to give up the domain.

 

[Jeff]

Thanks for making my point!

Yeah, I learned my lesson when Sun Microsystems decided they wanted my domain MICROSUN.COM. My attorney advised me that it would cost a minimum of $100,000 to fight their claim, so I was forced to give up the domain.

Who's your attorney, and why did you register MICROSUN.COM? :blink:

PS. Warner Bros. would have the resources to defend their ™ , as well ... under this logic, correct? :gl:
-Jeff

 

[MicroGuy]

Who's your attorney, and why did you register MICROSUN.COM? :blink:

PS. Warner Bros. would have the resources to defend their ™ , as well ... under this logic, correct? :gl:
-Jeff

MicroSun was a small computer service that I started in 1999 before I had ever heard of Sun Microsytems. They got pissed because my company eventually became involved in the development of adult websites.

The advice I gave in my first post was based on the fact that Warner Bros will probably never go after WHATSUPDOC.TV unless the registrant were to infringe on their trademark. The act of registering the domain name alone does not meet the legal threshold of infringement.

 

[Jeff]

The advice I gave in my first post was based on the fact that Warner Bros will probably never go after WHATSUPDOC.TV unless the registrant were to infringe on their trademark. The act of registering the domain name alone does not meet the legal threshold of infringement.

Yes, again, that's why I mentioned "depending on exactly HOW the domain name is ultimately used" ... but the other aspect, of course, is bad faith - which can be demonstrated should O.P. decide to approach Warner Bros., for instance, in the (for profit) sale of the domain name and/or with the intent at the time of registration (the now infamous, "famous phrase" aspect) and not merely the act of registering, IMHO. Either way, both earlier blanket statements (without the qualifications that came later in the discussion here) of "No TM worries here" and/or "Should be fine" would be less than prudent given the circumstances here, in my judgement ... but I defer to the legal pros, as I ain't no lawyer!

PS. Thanks for moving thread to the #1 Namepros Legal Forum™, as well. :gl:
-Jeff

 

[MicroGuy]

Your points are well made and I now agree. Please disregard my initial post and any other remarks that have the appearance of being in disagreement with your position.

 

[Jeff]

It's all good!

See you soon.
-Jeff

 

[Sull]

Thanks all for your advice and thoughts; they are much appreciated.

I would never approach WB looking to sell this DN as that is just asking to get in trouble. And if they ever came looking for it then I'd hand it over without a peep. Like I said, this was just one of those whim registers that I will most likely sit on for a year and then let drop. I thought it was a curious register, though, given it isn't something tangible but yet still trademarked.

:gl: