domain YellowAd (dot) com - Myloo (dot) com & Pegbo (dot) com

[amarketingman]

Happy New Year everyone! Just wondering if any of y'all could offer up an appraisal of these domains. Thanks a bunch in advance...

YellowAd (dot) com
Myloo (dot) com
Pegbo (dot) com

 

[chrysalis55]

yellow ad.....if it would be used for anything like yellow pages, there would be "confusingly similar" TM issues, I suspect.

Myloo.....someone interested in developing an online bathroom remodelling website might be interested.....and might give you high $xxx for it, as a creative domain name.

Pegbo....a made up name worth a made up value to someone who might want it.

 

[amarketingman]

"yellow ad.....if it would be used for anything like yellow pages, there would be "confusingly similar" TM issues, I suspect."

Thanks for the reply..I was almost thinking that as well... but I am pretty sure that it is generic enough to not be a problem.... anyone else have a view on this?

 

[amarketingman]

"yellow ad.....if it would be used for anything like yellow pages, there would be "confusingly similar" TM issues, I suspect."

Also there's yellowbot.com, yellowbook.com and many others that use "yellow" in there brands.

Anyone else with an appraisal?

 

[DU]

"yellow ad.....if it would be used for anything like yellow pages, there would be "confusingly similar" TM issues, I suspect."

Thanks for the reply..I was almost thinking that as well... but I am pretty sure that it is generic enough to not be a problem.... anyone else have a view on this?

You'd lose it.

 

[amarketingman]

You'd lose it.

What do you mean?

 

[DU]

What do you mean?

If YellowAds made any significant revenue became visible enough you'd lose it on Trademark confusion with YellowBook.

 

[amarketingman]

I appreciate your opinion. But I don't believe that "yellow page" is a trademarked term. There are numerous sites out there with yellow in it i.e. yellowpagecity.com, b2byellowpages.com, trueyellow.com, internetyellowpages.com, yellowpagesinc.com

along with a few recent sales

ottawayellowpages.com for $2705 @ snapnames
edmontonyellowpages.com $2900 @ snapnames


So don't you think yellowad (dot) com should be good?

Also here is some stats from adwords kw tool
yellow ad $4.50 apc with 8,100 average local searches

 

[DU]

I stand corrected.

WIPO Domain Name Decision: DAU2006-0006

This is incredibly interesting reading because the finding is CONTRARY (in my quick reading) to the information usually banded about here.

The test of confusing similarity, in the context of the Policy, was set out in GlobalCenter Pty Ltd v. Global Domain Hosting Pty Ltd, WIPO Case No. DAU2002-0001; reiterated in The Crown in Right of the State of Tasmania trading as “Tourism Tasmania” v. Gordon James Craven, WIPO Case No. DAU2003-0001. In the latter case, the Panel relevantly stated that:

“the test of confusing similarity under the Policy is confined to a comparison of the disputed domain name and the name or trademark alone, independent of the other marketing and use factors usually considered in trademark infringement or unfair competition cases.”

It doesn't even matter WHAT you do on the site because the domain (sans extension) is not confusing with the trademark. Quicken is different because the word likely MATCHES the trademark...

 

[amarketingman]

Well thanks again for your response. And thank you for not dooming me to trademark hell what's funny is during this thread post I received an offer on yellowad. I'm not sure I'll take it though 'cause I may develop it. What do y'all think.

 

[amarketingman]

Any other thoughts???? Thanks.

 

[amarketingman]

Buuuuuummmmmpyyy

 

[amarketingman]

Nothing??????

 

[amarketingman]

still nothing? Please give me something, thanks.