.TV extension and trademarks

[jido]

Two questions:

1. How does the trademark regulation work for .TV names, can I register a TM name that has nothing to do with television and put television content on it? Say if I register Java.tv for a Javanese video site? (the one I am thinking of is name of a place as well)

2. Does the TV extension counts in the trademark, eg. I registered Palmas.TV and found later that there exists a Brazilian TV channel named TV Palmas. Is the domain legally theirs?

Thank you.

 

[DNQuest.com]

Extension doesn't matter, what matters is if they can prove TM status and prove you are using it in bad faith. TM holders do not have exclusive rights to domains, but they are able to defend their mark if the doamin is used in bad faith, and they ahve every right to do so. As far as the "Palmas" example, every registrar TOS says it is you responsibility to make sue you don't violate TMs. So if there is a TM on the name, that would be your fault. They would ahve to fight to protect theri mark and prove bad faith.

 

[jido]

Thank you. To be clear, there is no trademark on Palmas (afaict), the name of the TV channel is "TV Palmas" (Palmas being the name of the city it is based in).

Do they have rights on the domain "Palmas.TV"? That is, does the .TV extension counts when it comes to TV Palmas claiming the name?

Edit: there is a brand of cooking oil called Palmas

 

[DNQuest.com]

No TM? according to whom? Has "TV Palmas" gained a secondary meaning, IE- you say the name and people think of the TV station? If so, they could have common law TM. Additionaly, would palmas.tv be deemed "similar or confusingly similar" if faced with a challenge?. You never addressed how the domain is being used, can teh usage be concidered b"bad faith", if you are unsaure if it is bad faith or not, read my sig and see what you find out.

There are many variables involved, and without specific details, you will only get general answers.I suggest not posting the name, jsut in case. But research and read this site and it will help you figure things out.

 

[jido]

I just registered and did not use the name yet. To tell the truth at the time I was focusing on Las Palmas in the Canary Islands, not Palmas in Brazil. Does it matter if I mention the name, now my mind is set I just want to drop Palmas.tv.
As soon as I hear from eNom who suspended my account without telling me why.

 

[del.icio.us]

Two questions:

1. How does the trademark regulation work for .TV names, can I register a TM name that has nothing to do with television and put television content on it? Say if I register Java.tv for a Javanese video site? (the one I am thinking of is name of a place as well)

2. Does the TV extension counts in the trademark, eg. I registered Palmas.TV and found later that there exists a Brazilian TV channel named TV Palmas. Is the domain legally theirs?

Thank you.

Well,
Most of the big brothers including Google and Yahoo! have services across several countries and have TMs in local regions.

TV is the country code of Tuvalu, an Island in the Oceania region.

If the word is a TM, and has other generic meaning then you can register and use it without violating the TM or without using the domain to degrade the business of the TM holder.

You can very well use JAVA.TV, provided you have to use this name in a manner which does not violate the TM of Sun Microystems in any way. You can use JAVA.TV for anything legal, and even you can use it as a travel related website for the JAVA Island, Indonesia.

TV stations have no exclusive rights to use the .TV names. .TV names are allotted as first come first served basis except the premium ones. Canal 1 (Channel 1 in English) is the name of a TV station in most of the Spanish speaking countries. Although they have the name canal1, they can't claim exclusive rights in the .TV namespace. Interestingly, Canal1.TV is owned by one of our NP members.

Hope this would help.

 

[jido]

Well,
If the word is a TM, and has other generic meaning then you can register and use it without violating the TM or without using the domain to degrade the business of the TM holder.

You can very well use JAVA.TV, provided you have to use this name in a manner which does not violate the TM of Sun Microystems in any way. You can use JAVA.TV for anything legal, and even you can use it as a travel related website for the JAVA Island, Indonesia.

If that is the case I don't know what eNom is fussing about. I literally just registered the names and did nothing with them yet.

 

[DNQuest.com]

"You can very well use JAVA.TV, provided you have to use this name in a manner which does not violate the TM of Sun Microystems in any way."

As I have been trying to stress, how is the domain being used? Can bad faith be proven? The trick is not violating their TM.