Domain trademarking question

Collapse
X
Collapse
 
  • Page of 1
  • Time
  • Show
Clear All
new posts
Previous template Next
  • Expo_Vids
    Confirmed User
    • Jul 2005
    • 1162
    #1

    Domain trademarking question

    I was all ready to buy a domain and then a day before I was going to finish the deal I noticed that someone had just registered a trademark that was very similar. The trade mark is in the USA.

    Lets say the trademarked domain is "digitalinformation.com" and the domain I was going to buy is "digitalinfo.com". (this is very close to the actual domain)

    Their trademark covers the exact type of site I would be developing.

    Now what if I formed an EU company and go my domain trademarked in the EU? I would not be physically doing any business in the USA. I would just have an online information/resource/review site.

    Would there be any risk of the company with the USA trademark being abe to take my domain away?
    Squirting pussies convert like mad!!! @ Suirting 101
    Tags: None
    • After Shock Media
      It's coming look busy
      • Mar 2001
      • 35299
      #2
      Yes.....

      [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

        Comment

        • Expo_Vids
          Confirmed User
          • Jul 2005
          • 1162
          #3
          Originally posted by After Shock Media
          Yes.....
          O'RYLY? Please explain.
          Squirting pussies convert like mad!!! @ Suirting 101

            Comment

            • After Shock Media
              It's coming look busy
              • Mar 2001
              • 35299
              #4
              Originally posted by Expo_Vids
              O'RYLY? Please explain.
              Have you checked to see if they files for an International trademark?

              [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                Comment

                • RawAlex
                  So Fucking Banned
                  • Oct 2003
                  • 9465
                  #5
                  The closer you get to an existing trademark (especially domain trademark) the more likely you are to find yourself at the crap end of a lawsuit. Doubly so if you are intending to put porn on the domain or have a very similar product / business model as the trademarked domain.

                  HOWEVER, that being said, it is still an uphill battle for the trademark holder. They would have to show how your domain infringes, and potentially show confusion in their clients, and EVEN THEN, they still might not be able to win.

                  Could get interesting.

                  Alex

                    Comment

                    • Expo_Vids
                      Confirmed User
                      • Jul 2005
                      • 1162
                      #6
                      I found this good link

                      http://www.nmmlaw.com/publications/usmadrid.html
                      Squirting pussies convert like mad!!! @ Suirting 101

                        Comment

                        • madawgz
                          8.8.8.8
                          • Mar 2006
                          • 30509
                          #7
                          Originally posted by After Shock Media
                          Yes.....
                          thats the shortest responce ive ever seen you write! congratz!
                          TAEMDLRMSKRJIXMRLSMRJ.

                            Comment

                            • KRL
                              Entrepreneur
                              • Oct 2002
                              • 31429
                              #8
                              Originally posted by After Shock Media
                              Yes.....
                              If you would like to develop your domains, you can lease inexpensive foreign labor
                              from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!
                              *** *** *** *** *** *** *** *** *** *** *** ***
                              Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

                                Comment

                                • DaddyHalbucks
                                  A freakin' legend!
                                  • Feb 2004
                                  • 18975
                                  #9
                                  Originally posted by Expo_Vids
                                  I was all ready to buy a domain and then a day before I was going to finish the deal I noticed that someone had just registered a trademark that was very similar. The trade mark is in the USA.

                                  Lets say the trademarked domain is "digitalinformation.com" and the domain I was going to buy is "digitalinfo.com". (this is very close to the actual domain)

                                  Their trademark covers the exact type of site I would be developing.

                                  Now what if I formed an EU company and go my domain trademarked in the EU? I would not be physically doing any business in the USA. I would just have an online information/resource/review site.

                                  Would there be any risk of the company with the USA trademark being abe to take my domain away?

                                  Yes, the domain is at risk.

                                  The problem is they were first with their trademark. "First use" is an important principle in intellectual property law, both with trademarks and patents.

                                  Even though you are in Europe, it's possible they could file a UDRP against you. When you register a .COM domain domain you automatically consent to its jurisdiction.

                                  They will argue you are preying on their registered trademark.

                                  This is not legal advice and I am not an attorney.
                                  Boner Money

                                    Comment

                                    • Gaybucks
                                      Confirmed User
                                      • May 2004
                                      • 451
                                      #10
                                      I concur, however, I would also argue that "digitalinfo" is an awfully generic name, and so the trademark examiner is going to have to be convinced that the mark is non-generic.

                                      Also, keep in mind that *filing* for a trademark is totally different than actually getting one. The US is a "first use" country, meaning whomever is the first to actually use the mark in interstate commerce, and can prove that use, will have first rights to the mark. So if they have filed a mark, but haven't made any use of it, you could challenge their application by filing an objection, claiming that you are also using the name, that you established use at the same time (if you did), and objecting to the mark being issued at all. Some other countries are "first filer" countries, so whomever files first gets the mark, regardless of whether it rightfully belongs to and was used by another company first.

                                      As far as the EU, I also concur that you may run into a UDRP issue.

                                      I'm no lawyer either, just been through a couple of trademark disputes, so your mileage may vary.
                                      Gaybucks.com 100% exclusive American guys - hosted movie galleries - NATS -
                                      Boyfunk.com - Boysfeetclub.com - AJsCloset.com- SkylerDeVoss.com
                                      ICQ 272-995-402

                                        Comment

                                        • LiveDose
                                          Show Yer Tits!
                                          • Feb 2002
                                          • 25792
                                          #11
                                          It basically depends on the type of person/company that registered the trademark. Many people make threats and then end up paying up or backing off if you put up a strong front.

                                          On the other hand if you are dealing with a ball buster you may end up spending a lot of money to keep that domain and possibly still lose it in the end.

                                          Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

                                            Comment

                                            • Expo_Vids
                                              Confirmed User
                                              • Jul 2005
                                              • 1162
                                              #12
                                              Ok this is a better example.

                                              Let's say someone had a domain trademarked that was ComputerInformation.com

                                              They not only have a trademark but have been using the domain for several years.

                                              Now I buy CompInfo.com and build a site around that and am basically reporting on the same types of things.

                                              Would you guys feel like you are in danger of getting your domain taken away?
                                              Squirting pussies convert like mad!!! @ Suirting 101

                                                Comment

                                                • gooddomains
                                                  Too lazy to set a custom title
                                                  • Jul 2003
                                                  • 10127
                                                  #13
                                                  ask a trademark lawyer, he will tell you that it's not a good idea. However you only know once you got sued and lost or won for sure.

                                                    Comment

                                                    • Barefootsies
                                                      Choice is an Illusion
                                                      • Feb 2005
                                                      • 42635
                                                      #14
                                                      Originally posted by Expo_Vids
                                                      O'RYLY?
                                                      Yes RLY

                                                      Should You Email Your Members?

                                                      Link1 | Link2 | Link3

                                                      Enough Said.

                                                      "Would you rather live like a king for a year or like a prince forever?"

                                                        Comment

                                                        • buldog
                                                          Confirmed User
                                                          • May 2004
                                                          • 115
                                                          #15
                                                          You dont have to worry if the domain you like to buy is a generic name.

                                                          Make sure that the service you offer is different from the trade mark.

                                                          Make sure that your site will not be archived in the waybackmachine ( archive.org )

                                                            Comment

                                                            Previous template Next
                                                            Working...