TradeMark Question

[mad409]

When registering a domain with the new gTID's is the name itself what trademark holders have control over or can the .gTID name come into play too?

Here's a made up example; let's say it's a .south which doesn't exist but I purchase bell*south. Now could bellsouth take that away or would the registration be only for the word bell with no recourse on their behalf?

In short would the .south be meaningless as it's just an extension?

 

[gblasting]

This question should have been posted at the 'legal' section of Namepros. It would get better responses there.

 

[gblasting]

This question should have been posted at the 'legal' section of Namepros. It would get better responses there.

 

[N-A]

Bell is generic. Are you going to sell bells made in the southern hemisphere around this Christmas season or are your intentions on switching AT&T users over to BellSouth DSL?

 

[mad409]

Bell is generic. Are you going to sell bells made in the southern hemisphere around this Christmas season or are your intentions on switching AT&T users over to BellSouth DSL?

It's a made up example but I would assume the end user would sell bells.

 

[N-A]

Then, it's registered with good intentions. Though, I would still consult a lawyer and have one listed in your Rolodex anyway.

 

[Kate]

bell.south sounds very much like the mikerowsoft.com case.
You know, if you want to be a smartass, the lawyers are willing to play the game

 

[mad409]

You know, if you want to be a smartass, the lawyers are willing to play the game

It's a question, drink another. BTW - I'm not a smartxxx!

 

[MadAboutDomains]

I can't really understand the question, also I find it bizarre why you keep writing 'gTlD', I think you should consider writing it as gTLD like everyone else .

Anyway... on the subject of domains and trademarks. It is what you do with the domain in question that matters. Trademarks are registered under specific classes, which protects a name/logo/design for specific industries/usages. If you register someone else's trademark, you need to review their trademark classes and ensure that you are not treading on their toes.

For example, I registered the name 'quiz [dot] media' the other day. There is a clothing brand called 'quiz' registered with the domain clearing house - but this doesn't give them a right to the word 'quiz' for every gTLD or rights to the domain. However, if I set up a clothing website on that domain I would be treading into their territory, then I would be in hot water. But I don't intend to, so I wont.

Take the following example: If you register coke.support and set up a website relating to drinks then you'd be in hot water (Because Coca-Cola have a trademark for 'Coke' under Providing of food and drink), conversely if you set up a drugs advice service on the domain, you probably wouldn't be treading into their protected classes and you wouldn't be affecting their business; so you'd be OK.

I'd take a careful look at the trademark classes for the domain that you are referring too and check that their trademark registration and classes don't explicitly or implicitly refer to the use that you have in mind for the domain. Secondly, if you're not going to be using the domain actively, I'd avoid parking it or making it obvious that it is for sale, as this may leave you open to a bad faith registration allegation.

There are exceptions to these rules though: some companies register trademarks and fail to use them under their specified classes. This can lead a trademark holder having their trademark stripped away from them under certain classes as they aren't actually using the trademark under the classes/descriptions that they have provided when registering the marks. Secondly, I would imagine that a trademark only applies to the territory in which it is registered - I'd check to see how that would affect you depending on where you live.

Hope this helps!