.tv Trademarking your names

[izo-pod]

The more I think about it, the better off we'll be with a TM on our TV domains. Yes, another expense, however it will undoubtedly pay off handsomely in the future as you can then use it to ward off others trying to encroach on your area...

I just recommended that the owner of Auto Auction dot TV do this. If he does, no one else at least in the US will be able to call themselves "Auto Auction" anything...(imagine being the only "Auto Auction" place on internet TV)

This becomes important as there will be a "grouping" of TV sites. Imagine trying to figure out which internet channels to watch in the future.

Bill Gates made his money by ensuring no one else could encroach on his space. He licensed his software. Everyone thought he was nuts. Enough said.

 

[DNWizardX9]

they charge ~ $365 or something to register the mark............ plus if you want a lawyer to do it thats an additional $100-150 added on..

(two of my .com's are registered TM's)

 

[tgo]

they charge ~ $365 or something to register the mark............ plus if you want a lawyer to do it thats an additional $100-150 added on..

(two of my .com's are registered TM's)

Can you tell me what company you went through? I was quoted over 1100$ CAD to try to registar one of my dot coms. That did include a logo TM as well.

 

[DNWizardX9]

Can you tell me what company you went through? I was quoted over 1100$ CAD to try to registar one of my dot coms. That did include a logo TM as well.

they charge actually $335 a class... text or image...... so if you did both it would be $335 x 2 plus lawyer fees if you choose to have a lawyer file it......

There are some good lawyers on elance that do it for $100-$150 per TM ... sometimes they might do it for $75 each if you do multiple... some nice guys too

 

[yesonline]

Does trademark include the ext.? for example can we trademark namepros.COM or just namepros?

 

[tgo]

I think the extention would be covered if the site is in the same class. Meaning the same business.

Namepros is not a word and is definatly TMable(is that a word?) If I owned namepros I would TM the name as its big enough to need/want to protect from copycats.

 

[Badger]

I just recommended that the owner of Auto Auction dot TV do this. If he does, no one else at least in the US will be able to call themselves "Auto Auction" anything...(imagine being the only "Auto Auction" place on internet TV)

Bill Gates made his money by ensuring no one else could encroach on his space. He licensed his software. Everyone thought he was nuts. Enough said.

Forgive me for it seeming like im following you around and constantly throwing water on your fire Izo-pod but you cant be serious about what you wrote above...

If you think if you regged "auto auction" meant no-one else could use that phrase and/or terminology then you are seriously mistaken my friend. The only people you could sue would be those who used your site content without permission and/or attempted to make good off your brand. The name itself would count for very little being its strong generic nature..

Microsoft, on the other hand, had and has the ability to protect its identity vigorously because it can show (and others cant) that it used the phrase long before anyone else. Same with Google, Esure etc and so you might ask yourself the question - perhaps this is the reason they chose such names, to ensure maximum identity protection.

 

[America First]

Forgive me for it seeming like im following you around and constantly throwing water on your fire Izo-pod but you cant be serious about what you wrote above...

If you think if you regged "auto auction" meant no-one else could use that phrase and/or terminology then you are seriously mistaken my friend. The only people you could sue would be those who used your site content without permission and/or attempted to make good off your brand. The name itself would count for very little being its strong generic nature..

Microsoft, on the other hand, had and has the ability to protect its identity vigorously because it can show (and others cant) that it used the phrase long before anyone else. Same with Google, Esure etc and so you might ask yourself the question - perhaps this is the reason they chose such names, to ensure maximum identity protection.

I agree 100% its Known as a common term/phrase "Auto Auction" like all star game MLB thought they owned the TM for AllStarGame because they have made it a marked name (by having allstargames), and they did but they could not win the case they had filed against us as the lawyers had showed that if they were to try and take TheAllStarGame.com from us they would then have to sue the NBA, NHL, and Mcdonalds, and so on. These companies all have and use this term/phrase ASG.
On the idea of TM names, that.. I would like to know if it could be done.

 

[DNWizardX9]

Forgive me for it seeming like im following you around and constantly throwing water on your fire Izo-pod but you cant be serious about what you wrote above...

If you think if you regged "auto auction" meant no-one else could use that phrase and/or terminology then you are seriously mistaken my friend. The only people you could sue would be those who used your site content without permission and/or attempted to make good off your brand. The name itself would count for very little being its strong generic nature..

Microsoft, on the other hand, had and has the ability to protect its identity vigorously because it can show (and others cant) that it used the phrase long before anyone else. Same with Google, Esure etc and so you might ask yourself the question - perhaps this is the reason they chose such names, to ensure maximum identity protection.

As sad as it might sound izo is right....

to add to that the gov't really doesnt care.. you feed them money and they'll TM whatever..

if you TM auto auction it will give you the TM for auto auctions on TV...... there might be diff classes like newspapers etc...

You couldn't go after sites that formed before you tm'ed it but ones that happened after it you sure could.

Badger what are you talking about? DO you know anything about TM Law lol..

" The only people you could sue would be those who used your site content without permission ."

That has nothing to do with a TM....... using site content... what you said above is copyright.

"or attempted to make good off of your brand"

Exactly TM comes here - case closed and izo is right

 

[tgo]

Forgive me for it seeming like im following you around and constantly throwing water on your fire Izo-pod but you cant be serious about what you wrote above...

If you think if you regged "auto auction" meant no-one else could use that phrase and/or terminology then you are seriously mistaken my friend. The only people you could sue would be those who used your site content without permission and/or attempted to make good off your brand. The name itself would count for very little being its strong generic nature..

Microsoft, on the other hand, had and has the ability to protect its identity vigorously because it can show (and others cant) that it used the phrase long before anyone else. Same with Google, Esure etc and so you might ask yourself the question - perhaps this is the reason they chose such names, to ensure maximum identity protection.

I was going to post this, but thought forget it. Good post though. I find it so funny that most of the domainers here think they can get sued for useing a domain with a TM word in it. Its just not true. Microsoft is not a real word so they can protect it easily with even Microsoftcars.com as a TM imfringment. They made their name up from the air.... They have every right to the name.

But with your example AutoAuctioncars is not within AutoAuction's TM. Even with the same words, you cant TM a real word..... dont know how many times I have had to say this.

Also - Thanks for the advice JeffM2 seams my quote was about right for what I was asking.

 

[DNWizardX9]

I was going to post this, but thought forget it. Good post though. I find it so funny that most of the domainers here think they can get sued for useing a domain with a TM word in it. Its just not true. Microsoft is not a real word so they can protect it easily with even Microsoftcars.com as a TM imfringment. They made their name up from the air.... They have every right to the name.

But with your example AutoAuctioncars is not within AutoAuction's TM. Even with the same words, you cant TM a real word..... dont know how many times I have had to say this.

Also - Thanks for the advice JeffM2 seams my quote was about right for what I was asking.

Wrong...... X anga.com is currently going after every site with the words X anga in it... i'm crossing it out as they're probably reading the board Because they have a TM on the term nobody else can have it if they compete.

same with Microsoft. They go after everyone...................

 

[America First]

I doubt any of you have really had a big company come after you, look AOL also came after us for the name AOLALWAYS.com in 2004 and in that case i had a site up and running called "All Our Love Always" it was for my son. I was using the term they made a mark on(there is a defference in a "Marked Name" and "Trade Marked" I hope you all know the difference, anyway that term is AOL, its not a word but the made a "Mark" in the industry with it. And thats all they had to prove. And they did , and i lost.
Jeff2 i don`t agree, auto auctions can not be TM its a common term/phrase. You can "Mark" the name but that would be way to hard as its already out there. Try it and you will be told they cannot TM.

PS it took 1 and 1/2 years before we lost it in July of 05

 

[tgo]

Wrong...... X anga.com is currently going after every site with the words X anga in it... i'm crossing it out as they're probably reading the board Because they have a TM on the term nobody else can have it if they compete.

same with Microsoft. They go after everyone...................

Yes, dont think you read my post right or I have just had to much to drink :P. X anga is not a real word. They can protect it with the law behind them. Just as MS can protect their name. If they make a word up like x anga they have every right to that name and every version of it as its was originaly created and thought of by them. No other use of the name could be used without hurting(or helping) the branding of the name. Real world words/teams are what I was speaking of such as "Auto Auctions" canot be TMed in this same manner. Any real world word domain is protected only as far as that real word goes. Such as TLD's as Autoauctions.info and only if they have a business in the same class as them would come under their Infringment. MS can take anyone down with Microsoft in its name.

I have split the names as you have.

 

[ATL.tv]

i had espn come after me 6 years ago for my domain: espni.com...
my atty showed that it was an acronym with no reference to espn and i was able to hang on to it...

 

[izo-pod]

I must admit, I thought NP was a little more seasoned board then it seems. I brought up Trademarks, not to devolve into discussion about C&D letters you've gotten for registering names "close" to trademarked names.

No, the whole point of the thread is to quit thinking like a "Domainer" who buys names in hope of profiting (irregardless if it's TM'd or not) and start thinking like a business who is going to protect his interests.

TM's aren't absolute. Obviously, if someone wanted to start, "AutoAuction.biz" and sell toy cars offline, then they are perfectly within their rights to do so. However, (and this is my point). If they want to start a "Auto Auction" via internet TV to sell cars, then the owner of "AutoAuction.TV" would be within their right to "protect" their interests IF they have a trademark for "Auto Auction TV".

It's important to stake out a place for yourself before "internet TV" becomes main stream. Doing so now would guarantee you'll stand out from the other billion or so shows (finally get it?)

One thing I'd like to mention. I thought for sure we'd see some more veterans responding to misinformation, but it's obvious a few are a.w.o.l for whatever reason.

If you want this .TV board to turn into a joke, not getting involved will do it. The "pump" and "dump" as well as the "uninformed" crowd will take over....

 

[Monsterman]

I must admit, I thought NP was a little more seasoned board then it seems. I brought up Trademarks, not to devolve into discussion about C&D letters you've gotten for registering names "close" to trademarked names.

No, the whole point of the thread is to quit thinking like a "Domainer" who buys names in hope of profiting (irregardless if it's TM'd or not) and start thinking like a business who is going to protect his interests.

TM's aren't absolute. Obviously, if someone wanted to start, "AutoAuction.biz" and sell toy cars offline, then they are perfectly within their rights to do so. However, (and this is my point). If they want to start a "Auto Auction" via internet TV to sell cars, then the owner of "AutoAuction.TV" would be within their right to "protect" their interests IF they have a trademark for "Auto Auction TV".

It's important to stake out a place for yourself before "internet TV" becomes main stream. Doing so now would guarantee you'll stand out from the other billion or so shows (finally get it?)

One thing I'd like to mention. I thought for sure we'd see some more veterans responding to misinformation, but it's obvious a few are a.w.o.l for whatever reason.

If you want this .TV board to turn into a joke, not getting involved will do it. The "pump" and "dump" as well as the "uninformed" crowd will take over....

izo-pod, TM's are not my green light area in our company. I leave that up to our attorneys to figure that out, but I do know we can get a Service Mark.

 

[DNWizardX9]

Yes, dont think you read my post right or I have just had to much to drink :P. X anga is not a real word. They can protect it with the law behind them. Just as MS can protect their name. If they make a word up like x anga they have every right to that name and every version of it as its was originaly created and thought of by them. No other use of the name could be used without hurting(or helping) the branding of the name. Real world words/teams are what I was speaking of such as "Auto Auctions" canot be TMed in this same manner. Any real world word domain is protected only as far as that real word goes. Such as TLD's as Autoauctions.info and only if they have a business in the same class as them would come under their Infringment. MS can take anyone down with Microsoft in its name.

I have split the names as you have.

They weren't the first to come up with X anga..> There is another live trademark for it... but in a diff industry.

like web date.com will go after anyone with web date in their name along with american singles.com

 

[Badger]

As sad as it might sound izo is right....

Wrong. (First time up Izo)

you feed them money and they'll TM whatever..

Wrong again. For a mark to be considered as such (i.e. for you to have rights on it) it must be distinctive. So, in this instance, "auto auction" would not be considered a TM for, if my memory serves me right, this is something called "a non distinctive device"

if you TM auto auction it will give you the TM for auto auctions on TV......

Utter BS.... Sorry..

You couldn't go after sites that formed before you tm'ed it but ones that happened after it you sure could.

Badger what are you talking about? DO you know anything about TM Law lol..

TM comes here - case closed and izo is right

Jeez, so much to pick apart.

First up Jeff yes I am reasonably well versed in elements of commercial law being that I am owner and CEO of a real business (you know one with staff, products, buildings, vehicles, customers etc), I have a first class degree in Business Management majoring in commercial law. Ive also fought TM violation cases both here in the UK and in the US and I, together with NP member John Berryhill have been involved in reclaiming a domain for a client that was hijacked by a registrar So you might say, condescending presumptions aside, that i have a working knowledge of what we speak.

So lets talk in facts.

1. TM law is very complex.
2. As mentioned above, rule of thumb is that common phrases such as "auto auctions", "car auctions" whatever are whats called "descriptive marks" that being they describe a non distinctive device. They cannot act as marks because they simply describe services or goods on offer and do not identify the source.
3. Secondary meaning of descriptive marks can be TM'd and protected, as others have talked about in this thread ('Windows' for MS etc) or if the wider perception is such that the mark is recognised (perhaps through advertising),

But placing a mark on 'auto auctions' and this then meaning that no-one could use this phrasiology again or that you could "go after them if they did" ......

 

[DNWizardX9]

Wrong. (First time up Izo)



Wrong again. For a mark to be considered as such (i.e. for you to have rights on it) it must be distinctive. So, in this instance, "auto auction" would not be considered a TM for, if my memory serves me right, this is something called "a non distinctive device"



Utter BS.... Sorry..



Jeez, so much to pick apart.

First up Jeff yes I am reasonably well versed in elements of commercial law being that I am owner and CEO of a real business (you know one with staff, products, buildings, vehicles, customers etc), I have a first class degree in Business Management majoring in commercial law. Ive also fought TM violation cases both here in the UK and in the US and I, together with NP member John Berryhill have been involved in reclaiming a domain for a client that was hijacked by a registrar So you might say, condescending presumptions aside, that i have a working knowledge of what we speak.

So lets talk in facts.

1. TM law is very complex.
2. As mentioned above, rule of thumb is that common phrases such as "auto auctions", "car auctions" whatever are whats called "descriptive marks" that being they describe a non distinctive device. They cannot act as marks because they simply describe services or goods on offer and do not identify the source.
3. Secondary meaning of descriptive marks can be TM'd and protected, as others have talked about in this thread ('Windows' for MS etc) or if the wider perception is such that the mark is recognised (perhaps through advertising),

But placing a mark on 'auto auctions' and this then meaning that no-one could use this phrasiology again or that you could "go after them if they did" ......

I know what i'm doing... I worded it wrong and i know you can't TM auto auctions on TV....

I have a business also so no need to belittle ... Everyone here claims to be an ex ceo of an enron type company

 

[izo-pod]

But placing a mark on 'auto auctions' and this then meaning that no-one could use this phrasiology again or that you could "go after them if they did" ......

Maybe you didn't see we were discussing TM'ing, "Auto Auctions TV" which can be protected--- not "Auto Auctions". You don't want a million sites named "Auto Auctions TV" on the internet-TV... Would confuse the consumer and as well harm the individual company or person who owns such a company name.

Now that we've established we were and still are talking about "Auto Auctions TV", then maybe some logic will seep in the discussion. What I've been trying to say is that he'd have a lock on the "Auto Auctions" brand via the internet-tv. This would definitely separate him from the "BubbasAutoAuctions.TVs" of the world. There will be a billion of those, but there will only be one "Auto Auctions TV"... If you think that people wouldn't reg "Whatever Auto Auctions dot TV" and call themselves "Auto Auctions TV" your soley out of touch with what's been happening on the internet.

It's all about protecting what "could" be yours if you chose to protect it. I bring all this up, at least 2 years in **advance** of it being realized as a necessity, that being to TM your .TV brand name....