domain WatchNaruto.tv

[pixelbypixel]

Just got this name off ebay for $10.

It was being used as a functional Naruto streaming site until it got pushed to me.

1.4m Alexa rank.
80 visits a day according to Estibot.

I plan to forward this name to a small self-run anime site i was developing for bleach in the past, but can change to naruto, so this traffic would be constant instead of losing it.


Appraisals?

 

[JGK]

Its potential value is negative due to the TM. Even worse scenario if any of what you're showing is copyrighted.

 

[pixelbypixel]

TM?

You know how many naruto streaming sites there are?
And as far as i know, its not strict copyright, they do not show english subbed versions on TV so the only way to get them is from dattebayo or streamed, and its a common thing to see..

 

[JGK]

TM?

Yes, I looked it up in the USPTO. "Naruto" is trademarked. Here's what one of the entries covers (there may be more, but this is enough to get the point!):

IC 009. US 021 023 026 036 038. G & S: Pre-recorded motion picture films and television programs featuring animated and live-action performances recorded on video and audio cassettes, video and audio tapes, video and audio discs, CD-ROMs, compact discs, and DVDs; pre-recorded video and audio cassettes, video and audio tapes, video and audio discs, CD ROMs, compact discs, and DVDs, all featuring music, animated and live-action performances; musical video recordings, musical sound recordings and phonograph records featuring music, animated and live-action performances; multimedia entertainment software and instructional manuals sold as a unit for use in calendaring, information management and featuring screen savers; computer game software; pre-recorded video and audio cassettes and video and audio tapes, video and audio discs, CD ROMs, compact discs, DVDs featuring games; video game machines for use with television receivers; video game software; downloadable game software; downloadable computer games; computer game software and manuals sold as a unit; interactive video game programs; video game software; interactive computer game programs; software for playing video games; computer video game software and manuals sold as a unit; interactive entertainment software for playing video games; downloadable computer game software; downloadable interactive entertainment software for playing computer games; swim masks; swim goggles and snorkels; decorative refrigerator magnets; electric switch plates; eyeglasses and eyeglass cases, sunglasses and sunglass cases
IC 016. US 002 005 022 023 029 037 038 050. G & S: Publications, namely, graphic novels, fiction books, comic books, children's activity books, comic magazines, magazines related to animated fiction, novels for adults, art books, books containing puzzles and games, books featuring photographs, children's books, children's books combined with toys and sold as a unit, children's read-along books and pre-recorded tapes sold as a unit, children's story books, coffee table books relating to art, comics, animation and entertainment, coloring books, cookbooks, and printed instructional manuals and strategy guides in the field of animated and live-action entertainment and computer games; school and office supplies, namely, pens, pencils and markers; erasers; pencil cases; pencil sharpeners; bank checks; book covers; book marks; book plates; calendars; cardboard figures; checkbook holders and covers; diaries; paper gift bags; gift books; paper gift tags; paper gift wrap; greeting cards; printed invitations; iron-on transfers; non-electronic personal planners and organizers; notebooks; binders; paper cake decorations; paper napkins; paper party decorations; paper party hats; paper table cloths; postcards; posters; school and office supplies; scrapbooks; sheet music; stationery and stationery type portfolios; sticker albums; sticker books and stickers; address books; temporary tattoos; trading cards; art prints; animation cells; collectible cards; lithographic prints; original works of art created from paper; photographic prints; printed art reproductions; printed art scrolls

IC 025. US 022 039. G & S: Men's, women's, children's and infant's clothing, namely, shirts, t-shirts, tank tops, sweatshirts, sweatpants, sweaters, vests, warm-up suits, pants, skirts, shorts, clothing belts, blouses, dresses, overalls, suspenders, infant-wear, playsuits, cloth bibs, footwear, namely, shoes, boots, sneakers, athletic shoes, sandals, beach sandals, slippers, leotards, hosiery, socks, tights; swimwear, namely, swimsuits, bathing suits, bathing caps; tennis wear; wristbands; outerwear, namely, rainwear, rain coats, snow suits, jackets, coats, gloves, mufflers, mittens; headwear, namely, shower caps, hats, sun visors, caps, head bands; neckwear; cummerbunds; bandanas; scarves; loungewear, namely, pajamas, robes, nightshirts, nightgowns; undergarments, namely, underwear and boxer shorts; aprons; masquerade costumes, masquerade costumes with masks sold in connection therewith

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, namely, play figures and accessories therefor, toy action figures and accessories therefor, toy figures, wind up toys, toy statuettes and toy figurines made of molded plastic, cases for play accessories, toy structures, electric action toys, mechanical action toys, ride-on toys, dolls and accessories therefor, doll play sets, doll clothing and costumes, play sets for action figures, play sets for masquerade games, role-playing game sets, pull toys, plush toys, stuffed toys, puppets, windup toys, squeeze toys, board games, card games, collectable card games, dominoes, jigsaw puzzles, toy candy dispensers, toy snow globes, toy film cartridges and viewers, manipulative games and puzzles, playing cards, marbles, paddle ball games, yo-yo's, balloons, jump ropes, kites and accessories therefor, bean bags, bubble making wands and solution sets, magic tricks, bath toys, play swimming pools, inflatable swimming pools, swim fins, inflatable and non-inflatable swim floats for recreational use, beach toys, toy bucket and shovel sets, toy vehicles and accessories therefor, toy model hobby craft kits, toy banks, toy boxes, playground sand boxes, toy guns, toy swords, toy holsters, toy archery bows and arrows, toy rockets, multiple activity baby toys, children's play cosmetics, baby rattles, baby multiple activity toys, toy building blocks, toy construction blocks, construction toys, air mattresses for recreational use, musical toys, target games, action skill games, billiard balls, baseballs, basketballs, footballs, golf balls, tennis balls, playground balls, sports balls, beach balls, soccer balls, volleyballs, rubber balls, toy foam balls, foam sport balls, baseball bats, baseball gloves. flying disks, disk type toss toys, body boards, badminton sets, dart flights, tennis racket tape grip covers, golf club head covers, ice skates, roller skates, in-line skates, skateboards, toy scooters, face masks for wear during hockey, baseball, fencing, skiing, snowboarding, and paintball sports activities, snow boards, pinball-type games, Christmas tree decorations, Christmas tree ornaments, egg decorating kits, hand held units for playing electronic games, collectable game cards and trading game cards, electronic learning toys, non-electronic hand-held skills games, hand-held unit for playing video games, arcade game machines, stand-alone video game machines, and LCD game machines

IC 041. US 100 101 107. G & S: Entertainment services, namely, production and distribution of motion pictures, films, television programs, audio programs and interactive television programs, in the fields of animated and live-action entertainment; entertainment services, namely distribution of animated audio-visual works via the internet and television; publication of books, magazines, cartoons, comic strips and comic books; fan club services; electronic game services provided on-line from databases or web sites on the Internet; providing digital music from the Internet; providing online electronic publications, namely, magazines, newsletters, graphic novels, fiction books, and comic books, in the fields of comics, graphic novels, and animated and live-action entertainment; production of animated and live action entertainment, namely, motion pictures, television programs and Internet productions; providing digital music from MP3 Internet web sites, providing comics via the Internet; providing non-downloadable games via the Internet; providing information online regarding animated entertainment, computer games and comics

You know how many naruto streaming sites there are?

I don't know, and to be honest it doesn't make any difference to your legal standing. Your potential use would still be violating copyright law, if any of it is copyrighted (which I don't know for a fact, and is why I stated "if" in my first post).

And as far as i know, its not strict copyright, they do not show english subbed versions on TV so the only way to get them is from dattebayo or streamed, and its a common thing to see..

If it's copyrighted, then the video still would be, in spite of altered audio. Otherwise, I could go take my favorite movie, sub in another language and give it away to all my foreign language pals.

Anyway, I'm just trying to offer my opinion for you to consider. The trademark alone makes the water hot enough, but passing along related (potentially) copyrighted materials makes it even easier for "bad faith" to be found. Plus, it can bring you even more liabilities.

I noticed that it's parked right now (I don't know if you've gained access to it yet), and Naruto-related ads are being shown. That's another problem for you as far as their TM goes.

 

[pixelbypixel]

I have it parked while i develop my site.

The word 'Naruto' may be trademarked as a book/video/toys/etc., I am not creating a new book/video/etc. with the name Naruto, that would be breaking their TM rights.

But sharing the web streamed video (which is streamed by thousands of websites) would not infringe their TM. I myself am in no way using the name they have Trademarked as a product or series name, but just as a domain to share their series like the many thousand other people do. I havent read the entire TM rights they have, but I dont think it mentions anything about use of their name in domains to share media. (Think of Apple, they cant prevent that name from domains related to their products unless it sells their products without approval, but blogs on Apple products would be acceptable)




EDIT: the last part does mention Internet distribution, which could effect is i was to stream the series like i plan to do so, but I would have to read further into that to see how strict it is really.

 

[JGK]

I have it parked while i develop my site.

It doesn't matter what you're doing; it's still parked and showing ads of their properties.

The word 'Naruto' may be trademarked as a book/video/toys/etc., I am not creating a new book/video/etc. with the name Naruto, that would be breaking their TM rights.

I don't consider myself a TM expert, but I do want to suggest that you learn more about it, because I believe you are very mistaken here.

But sharing the web streamed video (which is streamed by thousands of websites) would not infringe their TM. I myself am in no way using the name they have Trademarked as a product or series name, but just as a domain to share their series like the many thousand other people do. I havent read the entire TM rights they have, but I dont think it mentions anything about use of their name in domains to share media.

Those are not TM "rights"; they are "uses." Rights would be things such as the right not to be infringed upon, and their right to go after anyone who does.

(Think of Apple, they cant prevent that name from domains related to their products unless it sells their products without approval, but blogs on Apple products would be acceptable)

So, I can go make iPhoneAri.com and do whatever I want with it as long as I don't sell their products? Earlier you said that it would only be infringing on their TM if you made a new series, etc. It can't be both ways.

EDIT: the last part does mention Internet distribution, which could effect is i was to stream the series like i plan to do so, but I would have to read further into that to see how strict it is really.

It doesn't even have to say Internet distribution. Do all trademarks from prior to the Internet simply not cover violations that occur online? No...

 

[pixelbypixel]

With the Apple stuff, i was trying to get across the fact you cant Trademark a word and stop it being used within the english (or other) language full stop.