Wii names and trademark?

[ykdomains]

is there going to problems for some (good) wii names?

ie;

wiigames, wiiconsole, wii.** (various tlds), etc?

thoughts?

 

[Dave_Z]

Nintendo has 9 wii trademarks and there's another party with one. Don't know
if that other party's somehow associated with Nintendo.

If you know what to do to possibly keep those names, do it.

 

[GeneCosta]

http://tess2.uspto.gov/bin/showfiel...h&a_search=Submit+Query&a_search=Submit+Query You can find them there.

It shouldn't be a problem unless you get lots of hits. :td: That seems to be how companies operate.

 

[ApeXX]

With the growth of so many WII sites, I don't think you will have a problem.

 

[DNQuest.com]

The real answer is...

Yes, you leave yourself in a liable situatioin. You would be infringing...

Just because everyone else has it doesn't make it right (Tell a cop you speed becuase everyone else does it). It also depends on how you use the domain and if Nintedo wants to come after you.

 

[kiviniar]

no i dont think nintendo will bother.....they never even tried to bargaing for wii.com

instead went and bought wiichannel.com

 

[labrocca]

The real answer is...

Yes, you leave yourself in a liable situatioin. You would be infringing...

Just because everyone else has it doesn't make it right (Tell a cop you speed becuase everyone else does it). It also depends on how you use the domain and if Nintedo wants to come after you.

Actually that's wrong...part of a TM is that you protect it. If Nintendo did one day send me a C&D or initiate a WIPO I would argue that they don't protect their TM. I would argue that they are fully aware of all the Nintendo domains out there. They even ADVERTISE on a few of them. Sorry but they really do. They give the game sites review material as well. In many many ways gaming sites are the bread and butter of game companies. They need the fan base as much as the fans need games. It's a symbolic link.

All that being told...having a fan site with some Google ads is more than likely acceptable but pushing into print, roms, or development will end any friendliness.

 

[DNQuest.com]

Labrocca, there are two things here...

1 - Legal - yes, there would be liability

2 - Reality - Whether Nintendo enforces their TM or not and if they let the TM become dilluted. That still does not mean you can do whatever you want with a dilluted TM name.

So it comes down to, could there a legal problems?? yes most certainly... will Nintendo do anything about it??? probably not.

 

[primacomputer]

There would only be liability if a judge ruled that it's likely people would be duped into thinking the site belonged to Nintendo. Just because everyone else has TMgames.com and gets away with it doesn't mean the OP will for certainty, but it certainly goes to show that such a site can exist without causing confusion. And since that's all the judge will be looking at I'd say this is hardly an open and shut case.

 

[cambkey]

Nintendo have registered some more Wii trademarks


Neue Markenschutzeinträge von Nintendo

29.06.06 - Nintendo hat beim japanischen Patentamt weitere Markennamen für Wii schützen lassen. Viele wurden bereits am 26.05.06 und 18.06.06 eingetragen (z.B. WiiActive24, WiiCountry und WiiAlive24), deshalb nur die Neuen im Überblick:

- WiiCan
- WiiClub
- WiiCommunication
- WiiDiary
- WiiHappy
- WiiHealth
- WiiHome
- WiiKids
- WiiMap
- WiiOnline
- WiiSenior
- WiiWords
- WWWii

 

[Ronald Regging]

If they send you a C&D letter, how could you argue they don't protect their TM. That's what the purpose of a C&D letter is. As the owner of the TM, they have the full right to decide what parties they think are potentially damaging their TM and protect against them. If they allow 20 sites to operate without incident and come after yours, well, they have the right to do that, because you have absolutely no rights to their TM, simple as that. I can't break into someone's house and make an argument for ownership of their goods because they didn't protect them well enough. Whether you get away with it or not, theft is still theft.