.mobi Trademarks

[garrett200]

I recently bought an aftermarket LLL name, that is VERY familiar in the U.S. and has 5k ovt, and about 1000/day wordtracker. Very highly searched only in the U.S. for a specific reason.

Before purchasing, I checked all the TM's, and there are many for this acronym, BUT it appears that most of the TM's relate to other uses of the acronym, not the use that most of the searches are done for and for what I want it for. And, most of the TM's seem to be for a logo, although most of them say "artwork and letters, numbers, etc." All of them seem to be the actual names of businesses, rather their acronym.

Question #1: How can there be several dozen TM's on the same acronym? Is it because they are for different company logos, meaning different things?

Question #2: Since none of the TM's relate to the use that I want the domain for, am I OK?

Question #3: There is a .com domain that uses the acronym, but it is definitely not being used for the same meaning or purpose that I would use it for. Should I be ok, or could xyz.com come after me for the domain anyway?

Sorry about being so general, but I cannot disclose the actual domain because it is pending transfer. I just wanted to get other's thoughts on this. Thanks.

 

[GeoOwners]

it sounds to me that "someone" has a tm for what you are going to do with it so in that case you will have a problem...I would put something bazzar on it and hope they find you and offer 3x what you paid or some profit anyway...imho


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[garrett200]

it sounds to me that "someone" has a tm for what you are going to do with it so in that case you will have a problem

None of the TM's are for the use that I have for it. They are all acronyms for various business' names, nothing to do with my intentions for use. Nothing even vaguely close to the same subject matter.

 

[-REECE-]

None of the TM's are for the use that I have for it. They are all acronyms for various business' names, nothing to do with my intentions for use. Nothing even vaguely close to the same subject matter.

By the sounds of it -- you should be okay. Even big companies like IBM for example would have a hard time getting ibm.mobi off you if you were an intercontinental ballistic missile manufacturer (IBM) for example.

Most TM's are for the style/design of the logo and perhaps how the words are in the logo. It would be very hard to win a case based on your use of the word if, as you say, and like my example above, your use has nothing to do with the acronyms in question.

 

[garrett200]

It is definitely a well known acronym, but there is no TM for that well known use that I want to use it for. I guess that is what I am getting at.

 

[-REECE-]

It is definitely a well known acronym, but there is no TM for that well known use that I want to use it for. I guess that is what I am getting at.

It's pretty hard to trademark an acronym... A word you made up, yes -- i.e. Microsoft. The main reason LLL.com are worth as much as they are is because they're applicable to so many businesses worldwide. Unless the company conducts business under their acronym (as in IBM -- which no longer promotes themselves as International Business Machines) or what you believe to be an acronym is actually their business name (i.e. OQO), they don't stand a chance. Even as such -- unless the second anyone hears that acronym, they associate it with that particular company, there's little likelihood of a ruling not in your favor.

One of the main reasons people lose a domain name dispute is because it was deemed to have been registered with the (edit: sole) intent to resell it to the company whom it's believed would be well-served by the particular name.

That clearly is not the case here.

 

[garrett200]

It could actually be an asset to me that so many different businesses have TM'd this acronym. That may support a case that no one entity can stake a difinitive claim to it. Couple that with the fact that my use is not in bad faith (with intent to re-sell to a business using that name, etc.), hopefully I would have a strong case if someone were to come after it.

 

[circa1850]

I recently bought an aftermarket LLL name, that is VERY familiar in the U.S. and has 5k ovt, and about 1000/day wordtracker. Very highly searched only in the U.S. for a specific reason.

Before purchasing, I checked all the TM's, and there are many for this acronym, BUT it appears that most of the TM's relate to other uses of the acronym, not the use that most of the searches are done for and for what I want it for. And, most of the TM's seem to be for a logo, although most of them say "artwork and letters, numbers, etc." All of them seem to be the actual names of businesses, rather their acronym.

Question #1: How can there be several dozen TM's on the same acronym? Is it because they are for different company logos, meaning different things? Yes, a TM is a Trade Mark...A unique mark (logo, design) or identifying symbol used by you and your agents to conduct your trade. Many companies can use the same name to market the same thing or even different product or service entirely but they can not use anothers registered TM./B]

Question #2: Since none of the TM's relate to the use that I want the domain for, am I OK? Yes

Question #3: There is a .com domain that uses the acronym, but it is definitely not being used for the same meaning or purpose that I would use it for. Should I be ok, or could xyz.com come after me for the domain anyway? You should be ok and yes, they can come after you but that does not mean they have a valid claim. Anyone can come after you. I can come after you and your little domain friend but that does not mean I have a case, a right, or a claim. I just simply want it.

Sorry about being so general, but I cannot disclose the actual domain because it is pending transfer. I just wanted to get other's thoughts on this. Thanks.

Rock on

 

[garrett200]

LOL, say hello to my little domain friend!! Thanks guys for your responses, as always very enlightening.

 

[000]

Righto, as long as you don't use the domain for anything related to the TM's, you'll be fine. And don't contact the TM holders about selling them the domain, as that shows bad faith and could cost you the domain.

Good luck!

 

[circa1850]

LOL, say hello to my little domain friend!! Thanks guys for your responses, as always very enlightening.

That's "my leetle domain friend".