should I trade mark my sites domain? and can I? - GoFuckYourself.com

American Psycho · 03-25-2014, 06:18 PM

should I trade mark my sites domain? And can I?

mikesouth · 03-25-2014, 06:23 PM

That depends on a lot of things

technically you own a trademark as soon as you use it commercially REGISTERING that trademark is what you do to give you legal advantages for trademark infringement.

typically you can trademark a logo or a phrase a name is a maybe

as an example TRW couldnt trademark the name TRW but they can create a logo with TRW in a specific font and a specific look that can be trademarked

pornlaw · 03-25-2014, 06:38 PM

Yes and yes... USPTO.gov

However if you do it yourself and screw up they don't give you your money and let you try again.

And if you don't reply timely to office actions your lose your filing fee as well.

Good luck.

HugeWood · 03-25-2014, 06:42 PM

Adult brands can have trouble getting their trademarks on the principal register because they are 'vulgar,' and therefore 'scandalous.' The application for MomsBangTeens, for example, was rejected on that basis.

American Psycho · 03-25-2014, 06:44 PM

if I don't legally trademark it can somebody come after me if they trademark a similar phrase?

American Psycho · 03-25-2014, 06:47 PM

Quote:

Originally Posted by HugeWood

Adult brands can have trouble getting their trademarks on the principal register because they are 'vulgar,' and therefore 'scandalous.' The application for MomsBangTeens, for example, was rejected on that basis.

woh i never knew that.
good info. Thx.

American Psycho · 03-25-2014, 06:53 PM

also I suppose what is the benefit of trademarking a name?
Ie
if I own sexynetwork.com and I trade mark it ,does that mean someone cant legally go out and make sexynetworkcams.com

and if I don't can someone owns sexy Network cam trademark come and Sue me for trademark infringement?

pornlaw · 03-25-2014, 07:29 PM

The simple answer ... Yes & yes.

Also if you turn it into a logo and put it on your videos and someone steals the content you can avoid the whole copyright/DMCA BS and just go for TM infringement. There's no DMCA safe harbor for TM infringement. And in the Ninth Circuit you can go after the hosting company as well for contributory trademark infringement... Hosting companies take TM warning letters from attorneys very seriously. A hosting company in SF lost $10 million to Louis Vuitton because they ignored take down demands.

bean-aid · 03-25-2014, 07:31 PM

Quote:

Originally Posted by pornlaw

The simple answer ... Yes & yes.

Also if you turn it into a logo and put it on your videos and someone steals the content you can avoid the whole copyright/DMCA BS and just go for TM infringement. There's no DMCA safe harbor for TM infringement. And in the Ninth Circuit you can go after the hosting company as well for contributory trademark infringement... Hosting companies take TM warning letters from attorneys very seriously. A hosting company in SF lost $10 million to Louis Vuitton because they ignored take down demands.

The purse guy?

pornlaw · 03-25-2014, 07:38 PM

Yes...

http://www.nixonpeabody.com/louis_vu...in fringement

Joshua G · 03-25-2014, 07:47 PM

the problem with trademarks is they are only useful for people who have money to pay thousands in legal cost to go after infringers.

if your just concerned about someone coming after you, you can keep your eye out on your name, & if someone else applies for it, you have a window to protest their filing on the basis you are already using it. window is only 30 days i think, so you'd have to keep checking on it regularly.

{belch}

03-25-2014, 06:18 PM	#1
American Psycho Confirmed User Industry Role: Join Date: Feb 2009 Posts: 3,068	should I trade mark my sites domain? and can I? should I trade mark my sites domain? And can I?

03-25-2014, 06:23 PM	#2
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	That depends on a lot of things technically you own a trademark as soon as you use it commercially REGISTERING that trademark is what you do to give you legal advantages for trademark infringement. typically you can trademark a logo or a phrase a name is a maybe as an example TRW couldnt trademark the name TRW but they can create a logo with TRW in a specific font and a specific look that can be trademarked __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

03-25-2014, 06:38 PM	#3
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,877	Yes and yes... USPTO.gov However if you do it yourself and screw up they don't give you your money and let you try again. And if you don't reply timely to office actions your lose your filing fee as well. Good luck. __________________ Michael www.AdultBizLaw.com

03-25-2014, 07:29 PM	#8
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,877	The simple answer ... Yes & yes. Also if you turn it into a logo and put it on your videos and someone steals the content you can avoid the whole copyright/DMCA BS and just go for TM infringement. There's no DMCA safe harbor for TM infringement. And in the Ninth Circuit you can go after the hosting company as well for contributory trademark infringement... Hosting companies take TM warning letters from attorneys very seriously. A hosting company in SF lost $10 million to Louis Vuitton because they ignored take down demands. __________________ Michael www.AdultBizLaw.com

03-25-2014, 07:38 PM	#10
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,877	Yes... http://www.nixonpeabody.com/louis_vu...in fringement __________________ Michael www.AdultBizLaw.com

03-25-2014, 06:42 PM	#4
HugeWood HUGE Industry Role: Join Date: Oct 2013 Location: Western US Posts: 463	Adult brands can have trouble getting their trademarks on the principal register because they are 'vulgar,' and therefore 'scandalous.' The application for MomsBangTeens, for example, was rejected on that basis.

03-25-2014, 06:44 PM	#5
American Psycho Confirmed User Industry Role: Join Date: Feb 2009 Posts: 3,068	if I don't legally trademark it can somebody come after me if they trademark a similar phrase?

03-25-2014, 06:53 PM	#7
American Psycho Confirmed User Industry Role: Join Date: Feb 2009 Posts: 3,068	also I suppose what is the benefit of trademarking a name? Ie if I own sexynetwork.com and I trade mark it ,does that mean someone cant legally go out and make sexynetworkcams.com and if I don't can someone owns sexy Network cam trademark come and Sue me for trademark infringement?

03-25-2014, 07:47 PM	#11
Joshua G dumb libs love censorship Industry Role: Join Date: Jul 2008 Posts: 8,198	the problem with trademarks is they are only useful for people who have money to pay thousands in legal cost to go after infringers. if your just concerned about someone coming after you, you can keep your eye out on your name, & if someone else applies for it, you have a window to protest their filing on the basis you are already using it. window is only 30 days i think, so you'd have to keep checking on it regularly. {belch}