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Zoom Domains?

Labeled as question in Legal Discussion, started by ThatNameGuy, Jun 15, 2020

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  1. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    Bob Hawkes started an excellent blog post May 21st all about Zoom.com. In his blog post he stated there are over 2,400 websites with "zoom" in their domain name, and there are over 500 TM's also using a variation of the word "zoom"

    Now for my question, I just registered a domain xxxxxxZoom.com and Zoomxxxxxx.com for a startup involving virtual tasting that I'm starting. Zoom the company is my vendor of choice for my company. I have other names I can fall back on if necessary, but I believe I can generate a lot of business for Zoom and myself with this name. Any thoughts or advice?

    Note, i did not register the domains in "Bad Faith" as seen here;

    The UDRP suggests that the respondent has acted in bad faith if its primary intent was to sell the domain name to the trademark owner or one of its competitors for a price in excess of out-of-pocket expenses related to the name. See UDRP 4(b)(i).
     
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  2. Joe Nichols

    Joe Nichols Common sense consultant VIP

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    I don't think having Zoom in the name would generate any extra traffic.

    The main benefit to using it would be memorability for your customers, if the pairing word really fits well.
     
  3. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    Thanks...the pairing word fits OK, i was a little more concerned about possible TM issues.
     
  4. biggie

    biggie Top Contributor VIP ★★★★★★★★★★

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    Hi

    try putting youtube, google or facebook in a domain name, using same philosophy of intent

    imo...
     
  5. Joe Nichols

    Joe Nichols Common sense consultant VIP

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    You only have TM issues if you approach Zoom.
     
  6. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    While I'm not exactly sure, "zoom" is an actual word that means to focus into or away from something like with a camera lens whereas youtube, google, and facebook are trademarked brands. I'm guessing this is why there are thousands of websites using domains with the word "zoom" in the domain name, and why there are over 500 registered TM's for "zoom" and hundreds of variations. Someone even owns DomainZoom.com and they're asking $2,499 at GD.
     
  7. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    You mean even if he is providing the same service?
     
  8. Bob Hawkes

    Bob Hawkes Top Member NameTalent VIP Gold Account Trusted Blogger

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    Zoom is a dictionary, word with several possible meanings, including for multiple things to travel fast, and to make photos or other images seem closer. For that reason, various businesses can coexist with permitted uses across different trademark categories. As I pointed out, this means lots of TMs and websites for very different types of business. A zoom company that sells racing cars would not infringe on one that had speedy courier delivery, or a lens manufacturer or movie production business.

    If one had a domain name with an intended use for one particular Zoom company, to me that seems problematic, however.

    I of course do not offer legal advice. I did want to go to law school, but that does make me a legal expert! :xf.grin:

    Bob
     
  9. ecalc

    ecalc Top Contributor VIP ★★★★★★★★★★

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    Zoom offers a solution ...
    source

    Good luck!
     
  10. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    Thanks for that Bob....this isn't the zoom name I own, but it's the same concept; WhiskeyZoom.com. Since starting this thread I did pick up something very similar but with a slightly different spelling; WhiskeyCam.com, where "cam" is just a good as "zoom" thus giving me several options. As for legal advice and a law degree, i figure you'd have a 50/50 chance of being right just like all the other lawyers in the world:xf.wink: It's gotta suck being a lawyer when half your cases die lose:xf.rolleyes:
     
  11. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    Thanks for that ecalc....do you like whisky? I owe you a free zoom tasting(y)
     
  12. Joe Nichols

    Joe Nichols Common sense consultant VIP

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    I suspect the business is related to alcohol sales and tasting.
     
  13. Samer

    Samer Top Contributor VIP Blue Account

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  14. Joakim

    Joakim SalesBusiness.com VIP

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    I have LatestZoom.com published at SH. I even think they registered it. No issues.
     
  15. ecalc

    ecalc Top Contributor VIP ★★★★★★★★★★

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    Thanks nameguy, I take a sip now and then but draw the line at video conferencing. Here at the ecalc school of high speed driving and economics we see an emerging 24-hour surveillance state so we boycott anything that looks like Hollywood Squares or the Brady Bunch credit roll.
     
  16. jamesall

    jamesall BrandEntrance.com VIP Gold Account

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    Not really sure how you arrived at that conclusion.
     
  17. jamesall

    jamesall BrandEntrance.com VIP Gold Account

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    You don't know? If they did it will be much less payout when you sell it if you bought it at the wholesale marketplace.
     
  18. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    ecalc...me thinks you can become an honorary member of my SnickerClub:ROFL:com
     
  19. Joakim

    Joakim SalesBusiness.com VIP

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    I submitted it as an unregged name. I do remember, but kinda forgotten about it.
     
  20. jamesall

    jamesall BrandEntrance.com VIP Gold Account

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    That's one way to do it. Will they renew it again?
     
  21. Joakim

    Joakim SalesBusiness.com VIP

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    Yes, I can decide who will renew it. Lower commission if I renew myself.
     
  22. Joe Nichols

    Joe Nichols Common sense consultant VIP

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    TMs are only an issue in domain names if:
    • The name is a clear infringement on an existing brand (e.g. FacebookPictures.com, TwitterFeeds.com); or
    • The domain owner uses the name in an attempt to profit from an existing brand (e.g. approaching Zoom.us to buy WhiskyZoom, or using the name to advertise or sell products/services that are already trademarked under a brand similar to your name).
    I presumed the business @ThatNameGuy was referring to was related to selling/tasting alcohol (the Zoom.us TM would not cover this product/service). Therefore an issue only exists if he approaches Zoom with an offer to either:
    • sell them his name; or
    • use their existing brand to help his business profit
    If he's planning to simply build a business on WhiskyZoom, there shouldn't be any issues unless a TM for alcohol products/services already exists for a similar brand.
     
    Last edited: Jun 16, 2020
  23. Haroon Basha

    Haroon Basha IZUQ.COM VIP Gold Account

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    I have these two domain names:
    zoom.pink
    zoom.irish


    Will I have any TM issue for these names? Please share your thoughts. Thank you.
    @Joe Nichols @Bob Hawkes
     
    Last edited: Jun 16, 2020
  24. otismo

    otismo Established Member

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    you can do better

    zoom zoom

    ;)
     
  25. ThatNameGuy

    ThatNameGuy Restricted (15-30%) Gold Account

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    I don't think so Haroon....i own Zoom.domains and ZoomSpirits.com and i intend to develop both with a partner.

    On another note...Estibot appraises zoom.pink, zoom.irish and zoom.domains each for $1.900. Are they worth that much? Maybe, maybe not but I think the name Zoom.domains will at least draw attention from other domainers, and Zoom.pink and Zoom.irish should draw attention as well. I know I've mentioned this before, but a friend of mine owns a Porche here in Virginia and he has "Zoom" on his vanity license plates.

    Note...while not quite as good, Vroom is almost as good as Zoom as a descriptive adjective imo.
     

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