Dominion.Domains

Trademark

Discussion in 'Legal Discussion' started by nem, Jun 7, 2018.

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  1. nem

    nem Established Member ★★★★★★★★★★

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    Hi all,

    When registering a domain or anticipating a purchase of a domain for your portfolio, what relevant checks do you do to ensure you are protected from any trademark violations?

    I believe this topic would be of use to many individuals.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. stub

    stub Top Member VIP ★★★★★★★★★★

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  3. Amphibia07

    Amphibia07 Established Member

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    Thanks stub! When using TESS, do you have any simple tips how to intepret the results?

    For example, if you search "Apple" it returns 4188 records. This is using all extra words or (apple)[COMB] query. How do you narrow to just apple, seems not obvious on that page?

    Even just filtering on Apple, there are multiple trademark holders, by industry sector, eg. in there is Apple brand trademarked in coffee. Not sure if that means much if none of trademarks is yours but still, room for interpretation.

    Also when trademark overlaps with dictionary word, does that weaken trademark claims.
     
  4. MapleDots

    MapleDots * * * * * VIP

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    I use the dictionary of Common Sense.

    It is very much undervalued in our industry




    logo-commonsense.png
     
  5. Amphibia07

    Amphibia07 Established Member

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    And hope that law-sense and common sense align. Good when they do. But this is more of a "what if" thread.

    For example, would you reg a .com domain for a name that's branded/trademarked in one country (non-US), but not the others. Assuming it doesn't cost more than $100. Would you reach out to the company with offer?
     
  6. MapleDots

    MapleDots * * * * * VIP

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    Yup for sure, but technically common sense trumps everything because common sense tells you to check trademarks (y)
     
  7. dexdn

    dexdn Top Member VIP

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    We are never 100% protected
    Sad but true :)
     
  8. Amphibia07

    Amphibia07 Established Member

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    So let's say booking.ca dropped and was on pending delete. Dictionary word, but trademarked obviously, how much would you bid in auction?

    Let's say microsoftcoin.com was available for hand reg, would you reg?
     
  9. Nor123

    Nor123 Established Member

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    No, I would definitely not touch that. Who would be the enduser for names like that? It's to obvious IMO, so stick with common words instead - not made-up words that are heavily trademarked.
     
  10. Galaxy Traveller

    Galaxy Traveller Established Member

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    Though only Canadian people or international entity who interested to build a local version in Canada will bid for booking.ca (no copyright issue)
    microsoftcoin (I will not bid for it, copyright issue)
     
    Last edited: Jun 10, 2018
  11. Amphibia07

    Amphibia07 Established Member

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    So on first, you are capturing geographic niche. On 2nd, product niche.

    Booking has sites on most ccTLDs, but let's say you manage to get the ca version. Does it look stronger from trademark perspective vs the 2nd Microsoft domain.

    Microsoft doesn't have any presence in coins, so you are anticipating future products. OK, maybe coins is a stretch, because they have many wallet related products and so on, but let's say you hand reg'ed bmwmaps.com. Can bmw claim it from you?
     
    Last edited: Jun 10, 2018
  12. Galaxy Traveller

    Galaxy Traveller Established Member

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    You cannot find Microsoft in the dictionary or it is not a common word. But it is a brand and trademarked. If you register it, it is vulnerable to trademark violation because Microsoft invented it and trademarked this name before you or first come first serve basis.

    You can use bmwmaps but be careful if bmw fullform is not Basic Mobile World and not associated in anyway with bmw.
     
    Last edited: Jun 10, 2018
  13. MapleDots

    MapleDots * * * * * VIP

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    I would grab it in a mili second, a generic one word term that would easily be defended against a trademark by any good trademark lawyer.
     
  14. Nor123

    Nor123 Established Member

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    My comment was regarding "microsoftcoin.com", not "booking.ca" - the latter I would definitely grab! (I just grabbed bookers.in)..
     
  15. MapleDots

    MapleDots * * * * * VIP

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    And you would be absolutely correct in your decision (y)

    Nobody can use Microsoft for anything, it's a made up term fully owned in all aspects by Microsoft.

    Thank you for clarifying @Nor123
     

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