Zune Trademarks Filed

[texasgamer]

Some Zunesters have been busy little beavers and trademarked their names:

Zune August 8, 2006
Zunemusic August 8, 2006
Zunetunes August 8, 2006
Zunesleeve July 26, 2006
Zunegear July 16, 2006

What does this mean for people like me who own Zune.im which was purchased before the trademark was filed.

 

[JasMate]

You must be concerned. I do believe that you can contest the trademark making the zune not included in their trademark agreement. I would definatly check it out. Trademarks do go on for a while so I would say that you still have time. Otherwise the other person might just offer to buy it off you to shut you up.

 

[DNQuest.com]

It seems 3 of the applications are by the same person. But I am guessing some company may fight all of these apps... especially since all the apps include an object that this company is producing.

 

[wisconsin]

Microsoft will, no doubt about it, file an opposition about the tradmark application before the trademark trial and appeal board, including court proceedings if they don't get a satisfactory response from the USPTO. The guy is simply hoping to sell it to them which I don't thinkwill ever happen but rather Microsoft will banckrupt him with litigation and attorney fees before his dream becomes a reality.

 

[tricolorro]

Some Zunesters have been busy little beavers and trademarked their names:

Zune August 8, 2006
Zunemusic August 8, 2006
Zunetunes August 8, 2006
Zunesleeve July 26, 2006
Zunegear July 16, 2006

What does this mean for people like me who own Zune.im which was purchased before the trademark was filed.

Hi, :imho:

Remember, for UDRP cases, there are 3 criteria that have to be met to establish a Trademark Infringement.

One of the 3 is to show Bad Faith Registration.

Since you regged your domain before their TM filings it seems to me
it would be difficult to show Bad Faith unless they can show you had
prior knowledge of their intentions.

Not a lawyer's viewpoint, just my opinion.

Patrick

 

[DNQuest.com]

Hi, :imho:

Remember, for UDRP cases, there are 3 criteria that have to be met to establish a Trademark Infringement.

One of the 3 is to show Bad Faith Registration.

Since you regged your domain before their TM filings it seems to me
it would be difficult to show Bad Faith unless they can show you had
prior knowledge of their intentions.

Not a lawyer's viewpoint, just my opinion.

Patrick

Again, the filing date is only a factor if applied for future use. But in this case, just because applications were filed for Zune, Microsoft will challenge, and ultimately quash these apps. MS holds the TM on Zune and any registration after its announcement could be construed as bad faith registration. Let's be honest here, all of these Zunes domains are registrered for the sole purpose of cashing in off of MS work.