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Trademark verification

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Hello!
i don't want to be a bad guy registering domain protected by copyright or TM names..

but where i could check those informations?

i try many time with trademarkia.com but many times they say that is not registered while the name is a TM instead..
also trademarkia is only 4 US.. there is nothing for worldwide?

i see that the icann have open a clearing house in order to protect brand.. any way to put the domain name inside those listing and the system report if there is some legal issue?
would be fast and easy for all
 
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Hello!
i don't want to be a bad guy registering domain protected by copyright or TM names..

but where i could check those informations?

i try many time with trademarkia.com but many times they say that is not registered while the name is a TM instead..
also trademarkia is only 4 US.. there is nothing for worldwide?

i see that the icann have open a clearing house in order to protect brand.. any way to put the domain name inside those listing and the system report if there is some legal issue?
would be fast and easy for all

Next best thing, Google.

Trademarkia or similar can only list registered trademarks it finds. Common-law trademarks don't need registration, which then makes tracking all of them difficult.

ICANN's trademark clearing house is only for registrars, registries, and trademark holders for now. It's a (messy) work in progress.
 
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Markify.com is good for looking up global TMs.

Again, this won't catch common law TMs.

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thank you so much!! seem a very cool site!
 
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Registering a trademarked name does not make you a "bad guy."
And how would you even know if they cared if you didn't register it?
They might have just trademarked the name to protect themselves,
with no thoughts of ever bringing a lawsuit against anybody else.
 
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At the end of the day.they might offer you $1500.as tht is wht it cost to file plus there lawyer fees.way cheaper to just pay u for it.thts if they want it.or unless ur making an ass of there name.then they will just take it.
 
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pablohc86,

Don't listen to those two noobs dna and pooper (sweet name -- NOT!). They are offering nothing of value for you. Getting hit with a UDRP for obvious TMs can seriously hurt your bottom line, and those two will have moved on and not care a rat's a$$ about what happens to you.

It's just best to stay away from TMs, especially huge obvious ones.

I respect that you ask questions and are trying to use the right tools to avoid trouble.

:)


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Getting hit with a UDRP for obvious TMs can seriously hurt your bottom line, and those two will have moved on and not care a rat's a$$ about what happens to you.

Doesn't really do anything to your bottom line. An lawsuit can be ultra-damaging but they are infrequent at most.

It's unethical to trade in OBVIOUS TMs but just about everyone on this forum peddles in less obvious TMs to one extent or another and just about everyone has sold a name to a matching TM holder.

I'm not justifying any wrong doing and I respect the OPs desire to be honest but there are clearly grey lines.

May as well be honest about it.
 
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Doesn't really do anything to your bottom line. An lawsuit can be ultra-damaging but they are infrequent at most.

It's unethical to trade in OBVIOUS TMs but just about everyone on this forum peddles in less obvious TMs to one extent or another and just about everyone has sold a name to a matching TM holder.

I'm not justifying any wrong doing and I respect the OPs desire to be honest but there are clearly grey lines.

May as well be honest about it.

Don't kid yourself. It may be unethical to trade in obvious TMs, but whether obvious or not, it's still illegal and in the worst case scenario, you could lose big time:

"Under the newly enacted section 43(d) of the Lanham Act, trademark holders now have a cause of action against anyone who, with a bad faith intent to profit from the goodwill of another's trademark, registers, traffics in, or uses a domain name that is identical to, or confusingly similar to a distinctive mark, or dilutive of a famous mark, without regard to the goods or services of the parties. As with the UDRP, the legislation outlines indicators of bad faith and legitimate use defenses. In addition to traditional trademark remedies, plaintiffs may elect statutory damages ranging from $1,000 to $100,000 per domain name. The bill also establishes in rem jurisdiction which allows the trademark owner to file an action against the domain name itself in some cases."

Read this: http://cyber.law.harvard.edu/property00/domain/legislation.html
 
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Don't kid yourself. It may be unethical to trade in obvious TMs, but whether obvious or not, it's still illegal and in the worst case scenario, you could lose big time:

How many cases have there been that involved statutory damages?

The only ones I'm aware of involved mass squatting and not registering names that match someone who has a small business in Arkansas.

The illegality is in the deliberate misappropriation of someone's TM.

I would stay away from obvious TMs but there are a number of times I've regged a .com where I picked a phrase that I liked only to find out someone with a 2 person business in Iowa uses it for their LLC... what then?

The whole process broken and no one has made much effort to fix it. It's a first come first served business - there's an entire group of people taking advantage of the system. Take a name like Guardian - who should own that ? what about Prince? It's not simple. I'm saying nearly everyone operates on the grey lines and to worry about every potential TM use is silly. Even more so if you aren't in the US. What you think the ACPA is going to do about some kid in Nigeria registering a major TM let alone a borderline one?

The UDRP works for the most part to weed out the total bs registrations.
 
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How many cases have there been that involved statutory damages?
A few.
I have personal memory of a few domain holders prosecuted to the tune of tens of thousands of dollars.
It's very unlikely this will happen to you, but I am surprised the cases were not publicized more.

Remember, in America everybody can sue anybody over about anything.
 
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Counteracting Lousy Advice...

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OP was asking for resources for avoiding TMs, and I offered advice to counteract the stupid comments of two noobs giving bad advice.

Of course the TM landscape is more nuanced than I suggested in my last comment. Some TMs are stronger than others, and, certainly, the TMs on generic words, such as "apple," "open," "ask," and even "O," are troublesome and can even be seen as overreaching, especially when they are TM'd for their descriptive uses.

Make no mistake: TM lawsuit, URS, and UDRP filings are only going to escalate in the light of the new gTLDs.

Sooner or later, some company is going to try to make an example of who they feel are TM offenders, whether or not they are correct, so it's best to brush up a bit on TM issues and reg domains that are less likely to end up on some company's s**t list.

For generic words that are trademarked: it is up to the domain owner to use that domain in a way that does not infringe on the rights of the TM owner, and that includes parking pages and mini-sites.

I commend pablohc86 for posing the question, and it behooves us to offer solid advice and to call out those who would offer their ridiculous and misinformed version of the TM landscape.

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Sooner or later, some company is going to try to make an example of who they feel are TM offenders, whether or not they are correct, so it's best to brush up a bit on TM issues and reg domains that are less likely to end up on some company's s**t list.
I agree 100%. Registering names like BankOfNewYorl.com etc. are obvious typosquatting. IBM.biz is obvious squatting. Where it could be said that generic LLL has value - that argument gets slapped down once you ask more than accepted market value (which is probably anything higher than regfee).

For generic words that are trademarked: it is up to the domain owner to use that domain in a way that does not infringe on the rights of the TM owner, and that includes parking pages and mini-sites.
Selling it infringes on the rights, does it not? You're trading in someone else's TM. Gets a bit funny though when the TM is generically held by lots of people - like Prince, or Guardian. Should you be entitled to even SELL it. Now if you can park it, you can't minisite it and you can't sell it - why are you owning it? The only legitimate use is legitimate use.

That is also good advice for the reverse - the generic terms become infringing if you profit from them via parking - that's also a means that people use to get a domain that they aren't necessarily entitled to (first to challenge is the new first to reg).

Most people don't have good enough names to really worry about this :)

I commend pablohc86 for posing the question, and it behooves us to offer solid advice and to call out those who would offer their ridiculous and misinformed version of the TM landscape.
I do too but I also believe painting the world as black and white and right and wrong is a flawed model.

---------- Post added at 03:17 PM ---------- Previous post was at 03:15 PM ----------

A few.
I have personal memory of a few domain holders prosecuted to the tune of tens of thousands of dollars.
It's very unlikely this will happen to you, but I am surprised the cases were not publicized more.

Remember, in America everybody can sue anybody over about anything.

I only know of about three and each was an egregious case of cybersquatting. Chris Bosh is the standard by which all are measured - but then I disagreed with the ruling that just reassigned his lawyers as the new squatters :)

A lot of domainers aren't in america and some aren't even in Europe - though some hold their assets through corporations in said locations making it all very strange :)
 
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Newb to posting but not to life...trad mark in the domain bizz means nothing.there is no law saying u can't bye them.and just cuzu one post on here all the time don't make u smart.an empty can makes more noise then a full one.like I said they will all wAys offer u something befor thy wast $$$$ to get ur domain.life is all about following everyone or doing wht u want...they will only bust ur balls if u use there trade marked name in bad faith.then u are fucked.big company's are all in ethical.so screw them the can can afford to pay $1500 as long as u do t abuse ther name.
 
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Newb to posting but not to life...trad mark in the domain bizz means nothing.there is no law saying u can't bye them.and just cuzu one post on here all the time don't make u smart.an empty can makes more noise then a full one.like I said they will all wAys offer u something befor thy wast $$$$ to get ur domain.life is all about following everyone or doing wht u want...they will only bust ur balls if u use there trade marked name in bad faith.then u are fucked.big company's are all in ethical.so screw them the can can afford to pay $1500 as long as u do t abuse ther name.

You need a new keyboard. It seems yours has letters missing.
 
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Totally Agree!

Registering a trademarked name does not make you a "bad guy."
And how would you even know if they cared if you didn't register it?
They might have just trademarked the name to protect themselves,
with no thoughts of ever bringing a lawsuit against anybody else.
Agree with you 100%. its not a trademark violation till it causes Trademark violation by causing confusion. I just brought upi this same thing up in another thread in appraisals category where some guy wanted AmericanAirlines.info appraised and he had a lot of people telling him that he was violating trademarks

I Argued that there can be a company called American Airlines that sold american made airhoses. Being as though one company would be airhoses and the other company an airline there is no confusion that calls for a trademark violation. Both are dictionary words and Airline has more meanings then one. Suing such company would violate his rights because he should be able to use dictionary words to describe his business as long as his business isn't about airplanes. Not saying the dude will sell it tomorrow but its not completely impossible. who is to say that two years down the line somebody doesn't want to start an airhose company and offer $1000+ for it why should this dude delete his listing by listening to any of us if it will cost him the loss of it. This is all in defense of his trademark and not the name cause I personally dont care for .info names and it isn't a name I would have bought. But bad trademark advice is bad trademark advice and if its given it should be done so by pros instead of us.
 
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thank you for your opinion on it :)
 
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Agree with you 100%. its not a trademark violation till it causes Trademark violation by causing confusion. I just brought upi this same thing up in another thread in appraisals category where some guy wanted AmericanAirlines.info appraised and he had a lot of people telling him that he was violating trademarks

I Argued that there can be a company called American Airlines that sold american made airhoses. Being as though one company would be airhoses and the other company an airline there is no confusion that calls for a trademark violation. Both are dictionary words and Airline has more meanings then one. Suing such company would violate his rights because he should be able to use dictionary words to describe his business as long as his business isn't about airplanes. Not saying the dude will sell it tomorrow but its not completely impossible. who is to say that two years down the line somebody doesn't want to start an airhose company and offer $1000+ for it why should this dude delete his listing by listening to any of us if it will cost him the loss of it. This is all in defense of his trademark and not the name cause I personally dont care for .info names and it isn't a name I would have bought. But bad trademark advice is bad trademark advice and if its given it should be done so by pros instead of us.

You dont know what you are talking about.

Squatting makes the whole industry look bad.
This kind of sh!t hits the papers and the general public thinks "see, all they do is try to make money off others work."

Peace,
Cy
 
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Selling it infringes on the rights, does it not? You're trading in someone else's TM. Gets a bit funny though when the TM is generically held by lots of people - like Prince, or Guardian. Should you be entitled to even SELL it. Now if you can park it, you can't minisite it and you can't sell it - why are you owning it? The only legitimate use is legitimate use.

Probably depends on context.

If you're selling windows to Microsoft, then the latter might think you're infringing on their Windows trademark for an operating system. If you're selling windows (with hardly any meaning) to someone else, then that's likely not causing anyone any problem.

Granted, that won't stop a**hole trademark holders from pursuing the domain name owner or the (potential) buyer. The world's full of a**holes, alas, so we try to protect against them.

A lot of domainers aren't in america and some aren't even in Europe - though some hold their assets through corporations in said locations making it all very strange :)

Unasi comes to my mind as a past example. He he, at least you have an idea what some trademark holders are up against.

Agree with you 100%. its not a trademark violation till it causes Trademark violation by causing confusion. I just brought upi this same thing up in another thread in appraisals category where some guy wanted AmericanAirlines.info appraised and he had a lot of people telling him that he was violating trademarks

I Argued that there can be a company called American Airlines that sold american made airhoses. Being as though one company would be airhoses and the other company an airline there is no confusion that calls for a trademark violation. Both are dictionary words and Airline has more meanings then one. Suing such company would violate his rights because he should be able to use dictionary words to describe his business as long as his business isn't about airplanes. Not saying the dude will sell it tomorrow but its not completely impossible. who is to say that two years down the line somebody doesn't want to start an airhose company and offer $1000+ for it why should this dude delete his listing by listening to any of us if it will cost him the loss of it. This is all in defense of his trademark and not the name cause I personally dont care for .info names and it isn't a name I would have bought. But bad trademark advice is bad trademark advice and if its given it should be done so by pros instead of us.

I suppose all that's possible if you mean air lines as two separate words if referring to airhoses. Airlines generally as one word, however:

http://www.merriam-webster.com/dictionary/airline

a company that owns and operates many airplanes which are used for carrying passengers and goods to different places.

Even if you (try to) use airlines in one context, you likely can't convince the general populace of that because the word altogether has a different context to them.

And of course, American Airlines is (in)famous as a company that offers air transport services for passengers and goods.

Unless you're maybe in a country that: a) doesn't generally define the word airline as Merriam Webster (and any other dictionary) does, and b) doesn't have an AA office that advertises its services, what you argued above -- unfortunately -- is not true.

At any rate, it's up to the OP and whoever to make sense of what's discussed here.
 
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Probably depends on context.
If you're selling windows to Microsoft, then the latter might think you're infringing on their Windows trademark for an operating system. If you're selling windows (with hardly any meaning) to someone else, then that's likely not causing anyone any problem.

My understanding is that that's actually backwards. The offer to sell the name without ever having used it (or intending to) indicates that you are a cybersquatter. The exception is when you register it for real use, abandon that use, and sell it TO the TM holder.

Go work that one out.

The UDRP and ACPA don't have the same base requirements for proof and defense (funnily enough). If I was a big company the UDRP is cheaper - but the ACPA is much clearer.

If you sell the name you should have an indemnification clause that holds you not liable for the TM violation (especially if you know it exists). This is part of the Sedo contract, for example, that most people ignore.

Granted, that won't stop a**hole trademark holders from pursuing the domain name owner or the (potential) buyer. The world's full of a**holes, alas, so we try to protect against them.

I find it somewhat interesting that you choose to call TM holders a**hole for going after a domain name. I understand in the minority(?) of cases there are people abusing the system but if I"m a somewhat successful company with a TM why should I not have access to that name?

You really have to be using it for legitimate purposes to have any rights to it at all.

Unasi comes to my mind as a past example. He he, at least you have an idea what some trademark holders are up against.

Recent one - so I guess it *does* happen

http://www.cnn.com/2014/03/01/studentnews/trump-cybersquatting-lawsuit/

Actually shocked that someone would fight this - Trump's one of those a**hole you referred to before :)
 
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