Why is it o.k to buy domains with iphone in it

[DnPresident]

I see so many names that have been and are being purchased with iphone variations. Why is this accepted?

Is it because names with the letters (i) and (e) in front of them were popular before the iphone or is it as long as you don't get Apple and iphone together?

If it's allowed I want one.

 

[AdoptableDomains]

It's okay for now because Apple and Cisco hasn't done anything about it. That doesn't mean that when they get some free time after the launch that they still won't.

It's a trademark.... proceed at your own risk. I personally don't take that kind of risk.

 

[Mark]

It's okay for now because Apple and Cisco hasn't done anything about it. That doesn't mean that when they get some free time after the launch that they still won't.

It's a trademark.... proceed at your own risk. I personally don't take that kind of risk.

Exactly - Just because you see Domains around with TM's included doesn't mean they are "Allowed" to have or sell them. It also doesn't mean they Didn't register the domain BEFORE the TM was filed and have no bad intent (Though I'd say 99% of domains out there in the market ATM are in fact in Bad Faith - Go look at Ebay ).

You just have to do your research and homework every time.

 

[scribby]

I'm sure if you got a domain with "IPhone" in it and it became really popular Apple or Cisco might consider doing something..

 

[DnPresident]

iphone

Well, I just don't need any problems but found 7-9 iphone.com names available.
If I had a buyer waiting I may chance it as to not have my name on it for long. Oh well, no trouble no worry.

 

[IAmAllanShore]

If I had a buyer waiting I may chance it as to not have my name on it for long.

Yes, because that would completely protect you; no way in hades that Apple/Cisco would bother you since it was only in your name for a short while.

</sarcasm>

I think the name "DnPresident" coupled with your TM threads just rub me the wrong way...

-Allan

 

[aZooZa]

There's no reason why you shouldn't have an iphone-style domain name. If you registered iphonesucks.com it would be perfectly legitimate. As long as you don't try and compete with any of Apple's business directly, you are fine. Go check out ipod names and you'll see what I mean.

 

[Avensen]

AZooZa's right, it's all about usage and bad faith.
For example, http://paypalsucks.com/ is still working.

 

[DnPresident]

Correct

It hit me IAMAllenShore, I see what you mean.

 

[IAmAllanShore]

It hit me IAMAllenShore, I see what you mean.

It's ok; sorry for being petty

"Good job" to you for being willing to listen folks, and keep reading/listening and you can earn the title

-Allan :gl:

 

[RCK]

Don't take the risk with this kind of TM names, if you ask me..

 

[Joan]

I agree that if it wasn't registered prior to it becoming a registered trade mark then in fact you have a problem. If you have it registered first then they have infringed on your name so you have a chance of fighting them. At that point they would probably offer to buy you out.

 

[DnPresident]

It's ok; sorry for being petty

"Good job" to you for being willing to listen folks, and keep reading/listening and you can earn the title

-Allan :gl:

The title... woW

It's not what domaining can do for you but what you can do for domaining...

Hows that?

 

[Dave_Z]

The title... woW

It's not what domaining can do for you but what you can do for domaining...

Hows that?

In partial honor of JFK?

 

[bluesman]

...If you have it registered first then they have infringed on your name so you have a chance of fighting them. At that point they would probably offer to buy you out...

Uh... no. If they have a gigantic iPhone biz and you're just a little goofer playing the name game, they'll squish you like a bug and never feel it.

Offer to "buy you out"? You'd be lucky if they offer to let you live.

 

[AdoptableDomains]

If you have it registered first then they have infringed on your name so you have a chance of fighting them. At that point they would probably offer to buy you out.

Normally, but not necessarily so. For example, if you have a name and didn't do anything with it to establish a TM, then another company does so after you. They may have trumped your registration with a stronger TM, whether they registered it or not. You probably won't lose a UDRP/WIPO because they can't prove bad faith. You get to keep the name. The problem is, if the name has few real potential uses due to the words in the name, they've limited your names usefulness. Now you try to use the name for the same or a competing business as them and you are then infringing You might have a .com that gets their traffic, but you can't do anything with that traffic. They still may not win a UDRP based on the "registered in bad faith" rule, but could likely win a TM lawsuit. This won't apply to highly generic names, but would for generic words put to gether in a specific non-generic order, or for "brandable" names. The above example could go either way depending on their mood or financing or how you've handled the situation.

There are tons of patent holders who weren't the first to invent something. They just beat the other to the patent office. Same holds true with some TM's.