"At common law, a trademark is obtained by adopting and using the trademark in association with goods or services."
"It is not necessary that a trademark be registered in order to commence litigation for infringement."
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I thought to own a trademark you have to file papers and go through a legal process.
Or am I wrong, if so could someone explain where I am going wrong please.
You file an application with the United States Patent and Trademark office for a few hundred dollar fee, do a search to make sure there isn't already a mark for the name.. Best to have a qualified attorney involved.. Then do a wait & see as to the validity of such a mark.. and the approval process..
Not.. "Ok I made up a name, so it's automatically trademarked." as M.O.B. apparently thinks..
The following notice, regarding my intent to file a civil lawsuit ...
Your tenacity is admirable, your intentions somewhat misguided.
A better windmill to go after is companies like Zango who use what i have coined as "jackware" to have software that is used on installed computers to take traffic away from affiliates and paysites.
I believe a class action lawsuit could be initiated against Zango for the taking of traffic. I realize the FTC has fined them previously, but it did not shutdown their traffic stealing methods.
The angle that I am thinking of is in relation to real world laws.
For example, if your neighbor put up a billboard tower, and the billboard extended into your yard, you might be able to make a case for "air rights" that the billboard has extended into your property (like a tree branch that has gone over the edge and you want to trim it).
With this analogy, the popup window that zango triggers over your website might cross-over.
Now this kind of litigation would be most favored by adult webmasters as being a positive use of the legal system to correct the injustice.
I am all in favor of "laymen" doing the research and finding the angles to then present to attorneys.. Do any kind of legal legwork as much as you can, so that you don't rack up hourly charges.
One with common sense would not publicly post these letters and would just get council and have them do it all the "right" way. I'm sure if you talked to a lawyer he would call you an idiot for publicly posting all of this due to any mistake you could make in your postings could be used against you.
You file an application with the United States Patent and Trademark office for a few hundred dollar fee, do a search to make sure there isn't already a mark for the name.. Best to have a qualified attorney involved.. Then do a wait & see as to the validity of such a mark.. and the approval process..
Not.. "Ok I made up a name, so it's automatically trademarked." as M.O.B. apparently thinks..
according to expertlaw.com that is not entirely necessary
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Actually, other than being easily excitable, Keith hasn't really done anything wrong in regards to posting what is in all actuality a public notice. Most notices don't get posted for dramatic effect in the way this one has. If I were John, I would surrender the domain immediately and stop fucking with this guy.
"In association with goods or services" .. not a nickname.. and it would only be an in-state issue with such goods or services..
perhaps, but as he mentioned earlier he is using the 'nickname' as a business name in selling links (sigs) and his own 'branding' of his internet "businesses"
why do you say it is "in-state" when the internet businesses are obviously worldwide?
not supporting any of this, I am just interested in internet legalities and want to hash through misinformation and incorrect assumptions (especially when it comes to domain name legal issues)
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You also may not have exclusive rights to the mark.
In other words... If you use Tide as a mark for your household cleaning items that may not be enough to stop me from using Tide as a mark for my company that produces wetsuit and diving products.
V-Rocks is correct, we do trademarks frequently...spend $400 and get it done, then you can call out John and fight for the terrible domain name.
Your tenacity is admirable, your intentions somewhat misguided.
A better windmill to go after is companies like Zango
You just wasted your time..
If you've noticed all of the M.O.B. threads, he has a hard on for TMM and thinks he's going to save the adult industry by dragging it through the mud and become Supermob..
1.
1. It is pointed to name servers, but thats irrelevant anyway.
2. His having it deprives me of its use. Being that I am the one who owns the trademark and not him - and he was never licensed to use the mark (as far as I know), he is not allowed to do that. It doesn't matter if he ever published a single bit of information there.
That would be an interesting case, if you bothered to register the trademark, and if it would ever be approved (which actually isn't very likely in your case)
V-Rocks is correct, we do trademarks frequently...spend $400 and get it done, then you can call out John and fight for the terrible domain name.
like I said before, I don't think there can be any trademark infringement if the domain is not actually being used or parked
as far as squatting, that is a registration issue
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why do you say it is "in-state" when the internet businesses are obviously worldwide?
Because common law is governed by state.. Not all states recognize the same common law rights... For instance.. common law marriage isn't recognized in all states..
If you've used a certain name for a product in your state, it is only recognized in that state.. I could use the same name in my state and you'd have no recourse under common law.
Your tenacity is admirable, your intentions somewhat misguided.
A better windmill to go after is companies like Zango who use what i have coined as "jackware" to have software that is used on installed computers to take traffic away from affiliates and paysites.
I believe a class action lawsuit could be initiated against Zango for the taking of traffic. I realize the FTC has fined them previously, but it did not shutdown their traffic stealing methods.
The angle that I am thinking of is in relation to real world laws.
For example, if your neighbor put up a billboard tower, and the billboard extended into your yard, you might be able to make a case for "air rights" that the billboard has extended into your property (like a tree branch that has gone over the edge and you want to trim it).
With this analogy, the popup window that zango triggers over your website might cross-over.
Now this kind of litigation would be most favored by adult webmasters as being a positive use of the legal system to correct the injustice.
I am all in favor of "laymen" doing the research and finding the angles to then present to attorneys.. Do any kind of legal legwork as much as you can, so that you don't rack up hourly charges.
Fight the Zango!
What he said.
Curious why no one even comments on why is John still pissing with this guy and what the hell was he thinking to register this domain. Why stoop to his level, he has nothing gain from registering that domain.
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I'm wondering if the individual that discovered that it had been registered wasn't out to register it himself and saw that it had already been done..
I think you must have missed the thread where John announced that he had registered it.
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Do you always base all your google searches through google groups?
If you are looking to discover first use of words or ideas (ie like patents, etc), the usenet groups are a good source, because thats where a lot of techie and general chatter had occurred back then.
You guys are all missing the obvious. he has been sued for the same for domains that he owned... the purpose of which were to slander companies. he lost several times and lost the domains.
he probably has some vague understanding of the language and process and thinks he has enough brains to construct what he feels is a semi-legit legal argument. even though he is way off in his assumptions and seems to have no real concept of what he's getting into, he's definately entertaining.
You guys are all missing the obvious. he has been sued for the same for domains that he owned... the purpose of which were to slander companies. he lost several times and lost the domains.
he probably has some vague understanding of the language and process and thinks he has enough brains to construct what he feels is a semi-legit legal argument. even though he is way off in his assumptions and seems to have no real concept of what he's getting into, he's definately entertaining.
Yeah... I bet he just cut and paste what was sent to him...
A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it functions as an identifier of the source of goods or services. Portions of the uniform resource locator (“URL”), including the beginning, (“http://www.”) and the top-level Internet domain name (“TLD”) (e.g., “.com,” “.org,” “.edu,”) function to indicate an address on the World Wide Web, and therefore generally serve no source-indicating function. See TMEP §§1215 et seq. for further information.
"A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it functions as an identifier of the source of goods or services."
I don't think being a sig whore and an asshole constitutes goods or services but I suppose you could give it a shot.
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