Infringing on a domain trademark? - GoFuckYourself.com

chowda · 02-03-2004, 07:24 PM

if i reg a domain with the phrase debbiedoes(CITY).com would i face some sort of infrigement on a trademark or copyright?

DatingGold · 02-03-2004, 07:30 PM

if they trademarked "debbiedoes"

suesheboy · 02-03-2004, 07:37 PM

copywrite may be an issue too.

Do a trademark search. They are free.

High Priced Lawyer · 02-03-2004, 08:10 PM

Generally, the title of a single movie is not registrable as a trademark, however the name of a series of movies may be registrable. A title is also not copyrightable.

Someone recently filed for a federal registration for "Debbie Does Dallas" for clothing, namely shirts, tee-shirts, sweatshirts and hats.

In addition to other rights, the owners of a title may have state and/or federal unfair competition rights they can assert.

You should consult your intellectual property lawyer.

chowda · 02-03-2004, 08:31 PM

looks like the trademark that were made is out to "debbie does dallas" and not debbie does..

i still dont know about this tho..

High Priced Lawyer · 02-03-2004, 08:52 PM

FYI -- generally, the test for whether you infringe someone else's trademark is "likelihood of confusion" and takes a number of factors into account like whether the goods/services are similar, channels of distribution, etc.

So using this as an example hypothetically and assuming there are trademark rights, a court would look at whether someone who owns rights in debbiedoesdallas (and there is a site with this url) could claim that consumers are confused into thinking that debbiedoestampa is associated with debbiedoesdallas.

As always, you should consult your lawyer.

02-03-2004, 07:24 PM	#1
chowda Confirmed User Join Date: Jun 2003 Location: Gooch city Posts: 9,527	Infringing on a domain trademark? if i reg a domain with the phrase debbiedoes(CITY).com would i face some sort of infrigement on a trademark or copyright? __________________ Someone finds you... 2007 PS: Nationalnet is the best host I've ever had. And i tried alot of them.

02-03-2004, 07:30 PM	#2
DatingGold $6 PER EMAIL JOiN Industry Role: Join Date: Feb 2003 Location: California Posts: 13,185	if they trademarked "debbiedoes" __________________ 9 Years of SOLID payouts and conversions! ADULT DATING - $100 PPS LIVE CAMS - $214 PPS WWW.DATINGGOLD.COM ICQ: 27442303

02-03-2004, 07:37 PM	#3
suesheboy Confirmed User Industry Role: Join Date: Nov 2002 Location: FL - TN/NC Posts: 5,211	copywrite may be an issue too. Do a trademark search. They are free. __________________ Adult Web Site Domain Names For Sale Adult Sex Toy Domain Names For Sale Tantric Delights, Sex Toys Blog, Tantric Sex Toys

02-03-2004, 08:10 PM	#4
High Priced Lawyer Registered User Join Date: Dec 2003 Posts: 18	Generally, the title of a single movie is not registrable as a trademark, however the name of a series of movies may be registrable. A title is also not copyrightable. Someone recently filed for a federal registration for "Debbie Does Dallas" for clothing, namely shirts, tee-shirts, sweatshirts and hats. In addition to other rights, the owners of a title may have state and/or federal unfair competition rights they can assert. You should consult your intellectual property lawyer. __________________ [email protected]

02-03-2004, 08:31 PM	#5
chowda Confirmed User Join Date: Jun 2003 Location: Gooch city Posts: 9,527	looks like the trademark that were made is out to "debbie does dallas" and not debbie does.. i still dont know about this tho.. __________________ Someone finds you... 2007 PS: Nationalnet is the best host I've ever had. And i tried alot of them.

02-03-2004, 08:52 PM	#6
High Priced Lawyer Registered User Join Date: Dec 2003 Posts: 18	FYI -- generally, the test for whether you infringe someone else's trademark is "likelihood of confusion" and takes a number of factors into account like whether the goods/services are similar, channels of distribution, etc. So using this as an example hypothetically and assuming there are trademark rights, a court would look at whether someone who owns rights in debbiedoesdallas (and there is a site with this url) could claim that consumers are confused into thinking that debbiedoestampa is associated with debbiedoesdallas. As always, you should consult your lawyer. __________________ [email protected]