xtube.com trademark

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  • italiano
    Registered User
    • Sep 2011
    • 91
    #1

    xtube.com trademark

    Hello guys, i would need to know if xtube.com still has its registred trademark as i own a domain name which contains xtube word... by reading some info looks like xtube trademark was cancelled after ex parte appeal:

    http://www.trademarkia.com/xtube-85392503.html

    Manwin Appeals Trademark Examiner's Decision Over XTube - XBIZ Newswire

    does any one know if this this is a final decision from the trademark office and if this means that they can't claim any domain name which contains xtube word ?

    thanks for your help

    Andy
    Tags: domain, trademark, word, xtube, xtube.com
    • Barry-xlovecam
      It's 42
      • Jun 2010
      • 18083
      #2
      Trademark Electronic Search System (TESS)

        Comment

        • italiano
          Registered User
          • Sep 2011
          • 91
          #3
          Originally posted by Barry-xlovecam
          Trademark Electronic Search System (TESS)
          so, as i thought it is cancelled.

          Thanks for sharing the link :-)

            Comment

            • DBS.US
              Geo Cities
              • Aug 2003
              • 11843
              #4
              They can still sue you if they don't like your name. They may not win, but they can cause trouble for you. Why not just pick a better name?
              DGSTube = DontGetSuedTube.com
              Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

                Comment

                • xXXtesy10
                  Fakecoin Investor
                  • Jul 2012
                  • 7127
                  #5
                  fuck mindgeek, register the shit
                  WARNING: Stay Away From Marlboroack aka aka Brandon Ackerman
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                  Donny Long is Felon, Stalker, Scammer & Coward
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                    Comment

                    • italiano
                      Registered User
                      • Sep 2011
                      • 91
                      #6
                      Originally posted by DBS.US
                      They can still sue you if they don't like your name. They may not win, but they can cause trouble for you. Why not just pick a better name?
                      DGSTube = DontGetSuedTube.com
                      if they don't have any trademark this means that they have no right to sue me..

                        Comment

                        • faxxaff
                          Confirmed User
                          • Dec 2002
                          • 2134
                          #7
                          Originally posted by italiano
                          if they don't have any trademark this means that they have no right to sue me..
                          Just try out. Good luck.
                          Asian Babes

                            Comment

                            • HandballJim
                              Confirmed User
                              • Sep 2008
                              • 4024
                              #8
                              Originally posted by italiano
                              if they don't have any trademark this means that they have no right to sue me..
                              They can sue you and they will win...

                              Just because they let the trademark expire in a registered database, has nothing to do with them not still having the trademark. In the states if you have any record of doing commerce with the term you automatically have right to the trademark.
                              HOW I MAKE LOTS OF $$$

                                Comment

                                • DBS.US
                                  Geo Cities
                                  • Aug 2003
                                  • 11843
                                  #9
                                  Originally posted by italiano
                                  if they don't have any trademark this means that they have no right to sue me..
                                  Who said you need the right to sue someone?
                                  The 10 Most Ridiculous Lawsuits of All Time
                                  Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

                                    Comment

                                    • Barry-xlovecam
                                      It's 42
                                      • Jun 2010
                                      • 18083
                                      #10
                                      1.7 What needs to be shown for the complainant to successfully assert common law or unregistered trademark rights?

                                      WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition ("WIPO Overview 2.0")

                                      Not a legal opinion or advice. I was just curious as to the WIPO UDRP precedent. You can sue anyone you want in civil court -- costs $100 in filing fees (about).

                                        Comment

                                        • italiano
                                          Registered User
                                          • Sep 2011
                                          • 91
                                          #11
                                          Originally posted by HandballJim
                                          They can sue you and they will win...

                                          Just because they let the trademark expire in a registered database, has nothing to do with them not still having the trademark. In the states if you have any record of doing commerce with the term you automatically have right to the trademark.
                                          they didn't just let the trademark expire, it was refused and cancelled from the trademark office because it was in conflict with another name previously registered.
                                          You might be right but what happens if the other name operates outside of the united states, for instance in EU ?

                                            Comment

                                            • Barry-xlovecam
                                              It's 42
                                              • Jun 2010
                                              • 18083
                                              #12
                                              https://oami.europa.eu/eSearch/#deta...arks/010189207
                                              EU trademark registry
                                              Consult a trademark attorney

                                              WIPO/UDRP would accept a registered trademark ...

                                                Comment

                                                • HandballJim
                                                  Confirmed User
                                                  • Sep 2008
                                                  • 4024
                                                  #13
                                                  Originally posted by italiano
                                                  they didn't just let the trademark expire, it was refused and cancelled from the trademark office because it was in conflict with another name previously registered.
                                                  You might be right but what happens if the other name operates outside of the united states, for instance in EU ?
                                                  my Paisano, trust me its not worth the future headache, a lot of times no one will bother you until you build a website and start ranking...then you get a S&D letter from their attorney asking you for the domain name and threatening to sue you for $200k

                                                  I had to turn domains over in the past myself, I had no idea certain terms were trademarked.
                                                  HOW I MAKE LOTS OF $$$

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