Vida.com in private auction at NameJet

[JoshuaPz]

There's a very exciting 210-way battle winding down at NameJet for Vida.com. For the linguistically challenged, vida means "life" in Spanish and has become the resonant keyword of many Spanish songs, perhaps most famously Ricky Martin's "Livin' La Vida Loca".

The high bid for Vida.com stands at $50,101 with 4 minutes to go, though its been "4 minutes to go" for about 45 minutes already. My original prediction was that the domain would sell for $55,000, but it looks like I undershot the final value given four the bidders are competing seriously for the domain, with others occasionally shooting up from underneath the bid pile. We haven't even wound down to the final two combatants yet!

What do you guys think Vida.com will sell for?

Let this auction attest to Pool.com that an auction's taking place on a weekend impacts its final sell price minimally, if at all.

Estibot appraisal for Vida.com: USD 260,000

 

[-REECE-]

Domainers always get the short end of the stick when it comes to legal matters... Even if we win a case, we spent a whole bunch of time preparing and stressing out for nothing in return. Really is BS imho that some schmuck can serve us with a C&D or UDRP just for the heck of it because they have chump change to lose and everything to possibly gain

Huh. That's pretty bad. Sorry to hear it Joshua. (Their TM doesn't mention design, but it looks like their website does.) But frankly anybody can send a C&D over anything, I'm not so sure a court would rule in their favor though. Of course he's banking on you just rolling over instead of dragging things through the court. Otherwise why bypass UDRP, where his chances are probably increased? Because it costs him more money for a UDRP, but since he's a lawyer a court challenge potentially costs you a lot more money in contrast.

Good luck. If it were me, I'd probably just ask for the price I paid back and send it on its way. Not worth the headache.

ripley.

 

[gazzip]

Could you please elaborate why you think this name could easily be fought for tm issue? After all, it's a short four letter word that has a generic meaning in a foreign language. It depends not on the name but on the usage. The meaning is so broad anything can go from news to tv to music to business.

Just my 2.5 cents

As mentioned below by JoshuaPz, there are loads of Trade marks for the word "Vida" so he better be careful how he uses it or he may loose it, generic or not it does'nt matter, its a lovely name and there's always the chance someone tries to throw their weight around to get it. (maybe they will maybe they won't ? whos knows ?)

Here's some of the things he can't use it for


DIAMONDS CUT IN A SPECIAL CUT

watches and jewelry

leather goods, namely, handbags, wallets, credit card cases, purses, briefcases, key cases, back packs

wearing apparel, namely, pants, jeans, shirts, blouses, coats, capes, suits, tuxedos, jackets, vests,
dresses, skirts, blouses, swimsuits, tops, shorts, robes, pajamas, night gowns, night shirts, underwear,
lingerie, bras, foundation garments, hosiery, leggings, stockings, socks, sweaters, scarves, footwear,
boots, shoes, sandals, swim suits, rain coats, rain jackets, hats, caps, visors, ties, scarves, and gloves

Computer software in the field of health services.......

....oh and this one but I very much doubt the new owner will want to use it for that !! :lol:

Electromagnetic and piezoelectric actuators for use in thermal management applications

Check out the mass of TMs on the word "Vida" on uspto.gov. If the site's new owner develops Vida.com, he/she will need to take great care to ensure his/her use of the site is completely unrelated to the products or services described in those TMs.

For example, I own FruitionDesigns(.)com and the owner of Fruition.net is suing me over ownership of the domain, despite that his TM on "Fruition" concerns Internet marketing / advertising / SEO, which has little to do with "design" per se; not to mention I didn't make penny during the ten-or-so days the domain was parked:
http://www.namepros.com/legal-issue...olation-please.html?highlight=FruitionDesigns

That sucks, they may very well lose but at the end of the day it costs money to fight these....assh*les :td:

Generic domains are not immune....maybe just harder to prove but if you own hundreds of other domains that are parked they still more or less look at you as a squatter.....unless you can prove otherwise.



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Domainers always get the short end of the stick when it comes to legal matters... Even if we win a case, we spent a whole bunch of time preparing and stressing out for nothing in return. Really is BS imho that some schmuck can serve us with a C&D or UDRP just for the heck of it because they have chump change to lose and everything to possibly gain

Very true that's about the size of it.


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Yeah, I'm really struggling to see how this could be a TM issue. "Vida" means "life" in Spanish -- just because someone has a song with the word "Life" in it doesn't mean they could reasonably expect to fight IP battles over every product or service that uses the word "life." Don't see why it's any different here.

ripley.

You can still legally use it, but it has to be for something different to any of the other TM s for vida.


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[Embrand]

It went for $50,100 this time around.

 

[taktikz]

As mentioned below by JoshuaPz, there are loads of Trade marks for the word "Vida" so he better be careful how he uses it or he may loose it, generic or not it does'nt matter, its a lovely name and there's always the chance someone tries to throw their weight around to get it. (maybe they will maybe they won't ? whos knows ?)

Here's some of the things he can't use it for


DIAMONDS CUT IN A SPECIAL CUT

watches and jewelry

leather goods, namely, handbags, wallets, credit card cases, purses, briefcases, key cases, back packs

wearing apparel, namely, pants, jeans, shirts, blouses, coats, capes, suits, tuxedos, jackets, vests,
dresses, skirts, blouses, swimsuits, tops, shorts, robes, pajamas, night gowns, night shirts, underwear,
lingerie, bras, foundation garments, hosiery, leggings, stockings, socks, sweaters, scarves, footwear,
boots, shoes, sandals, swim suits, rain coats, rain jackets, hats, caps, visors, ties, scarves, and gloves

Computer software in the field of health services.......

....oh and this one but I very much doubt the new owner will want to use it for that !! :lol:

Electromagnetic and piezoelectric actuators for use in thermal management applications



That sucks, they may very well lose but at the end of the day it costs money to fight these....assh*les :td:

Generic domains are not immune....maybe just harder to prove but if you own hundreds of other domains that are parked they still more or less look at you as a squatter.....unless you can prove otherwise.



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Very true that's about the size of it.


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You can still legally use it, but it has to be for something different to any of the other TM s for vida.


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Theoretically, some one can trademark the whole dictionary and then no one will be able to use any word in the certain niche? I think it's BS. 'Vida' is a dictionary word that means life in Spanish...
As long as the Company name is not the same as the others, then I don't think there should be any TM infringement...

 

[JoshuaPz]

Ok, so if I owned Sprite.com and used that website to sell soda, you would not consider that trademark infringement? 'Sprite' is a dictionary word, after all.

Theoretically, some one can trademark the whole dictionary and then no one will be able to use any word in the certain niche? I think it's BS. 'Vida' is a dictionary word that means life in Spanish...
As long as the Company name is not the same as the others, then I don't think there should be any TM infringement...

 

[Pred]

Ok, so if I owned Sprite.com and used that website to sell soda, you would not consider that trademark infringement? 'Sprite' is a dictionary word, after all.

sprite have branded the name of their drink. if you try to sell drinks on sprite.com then a tm violation

however 'sprite' means lots of things. its a small pixie like creature (mythical, i hate to break it to some folks :blink: ), a term in computing etc

if sprite.com was used in an unassociated way to softdrinks. there would be jack bollox they could do about it

btw, i just tm'ed jack bollox

 

[JoshuaPz]

Exactly. I was responding to tacticz's point about TMing dictionary words. Since the word "Vida" is trademarked among over a half-dozen niches, the owner better be careful about he/she uses the name. Even if the product the new owner sells tangentially related to one of niches, he/she risks a UDRP hearing.

sprite have branded the name of their drink. if you try to sell drinks on sprite.com then a tm violation

however 'sprite' means lots of things. its a small pixie like creature (mythical, i hate to break it to some folks :blink: ), a term in computing etc

if sprite.com was used in an unassociated way to softdrinks. there would be jack bollox they could do about it

btw, i just tm'ed jack bollox

 

[Pred]

sorry Josh, i read back a couple of posts. guess we're both right...............

AGAIN! 8^X :blink:

 

[gazzip]

The other thing about Trade Marks is some of them have been around Loooong before the Internet, I have one domain that has a Filing Date January 6, 1908 ......and its still active

I did'nt realize when I bought it, I just liked the sound of it and its a bit of a slang word

The domain was first reg'd in 2000

I think the gel between old world and new technology when it comes to Trademarks and generic domains is not very well thought out.

.....complicated stuff though to fully understand how they work



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