Trademarks - GoFuckYourself.com

GotGauge · 03-06-2002, 08:57 AM

Where do you go look up trademarks?

Also if someone gets a trademark on the word/ phrase

adulthosting,
and own the domain name adulthosting.com

if I registered the domain name freeadulthosting am I in the worng?

also keep in mind I came up with that name on my own, not trying to take money away from adulthosting.com.

Those names above are all examples. But if they can take my domain name freeadulthosting.com then everyone with adulthosting in their name is wrong...

Please give me all your thought, and then also any hard facts..

PersianKitty · 03-06-2002, 09:32 AM

You can search for trademark registrations and status at
http://tess.uspto.gov/bin/gate.exe?f...ate=mkrba0.1.1

As for your example, there are currently no registrations which include the words "adult hosting".

I don't think you'd have a problem. In some instances they will disclaimer common words or phrases. For example, in my registration for "persian kitty's adult links", they included a disclaimer that I made no claim to the exclusive right to use "adult links".

FloridaKid · 03-06-2002, 09:40 AM

It doesnt matter if you have a trademark or not. There is this thing called common law. Basically, for example, if you found out pepsi wasn't trademarked and went and trademarked it, and then told pepsi they cant sell it anymore because you trademarked it, They would sue you and most likely win because they have been selling pepsi and doing business for much longer than you.

Basically, if you didnt come up with the idea, a trademark is worthless.

GotGauge · 03-06-2002, 09:46 AM

Thank you PK,

Can you please email me?
I want to give you the specifics on this.
[email protected]

GotGauge · 03-06-2002, 10:06 AM

PK,
I see that you can not claim adult links

what if a person opens a store and sells live cats online (yes stupid)
But,
they called it persiankittysstore.com

do you have claim to that doamin name?

playa · 03-06-2002, 10:14 AM

you can only trademark unique names and phrases
not common words

"adult links" is nothing unqiue and is a general phrase

Cyndalie · 03-06-2002, 10:42 AM

Go to http://www.nameprotect.com/cgi-bin/F...rch/search.cgi to do a trademark search.

ldinternet · 03-06-2002, 10:48 AM

Damn, "Jesus Condom" is a registered trademark!

AdultWire · 03-06-2002, 10:48 AM

Adult Hosting is a common phrase that whose trademark most likely cannot be defended in a court of law. Sort of like when AT&T trademarked "Internet".

GotGauge · 03-06-2002, 03:52 PM

never mind

Scootermuze · 03-06-2002, 05:09 PM

Quote:

Originally posted by playa
you can only trademark unique names and phrases
not common words

"adult links" is nothing unqiue and is a general phrase

Play and boy are common words, and playb*y is and was a common definition: "a man who lives a life devoted chiefly to the pursuit of pleasure" (Webster's), but try to use that word in any combination with other words and watch it hit the fan real quick..

I didn't even know you could trademark a name that was in the dictionary as a common word.

I remember reading where the guy that stole sex.com said he was gonna copyright the word 'sex' where people would have to pay him to use it... that really went over well..

Warphead · 03-06-2002, 09:08 PM

Well remember that copyright/trademark infringement only happens when the goal is misleading or a "reasonable person" could get confused.

eg Howard Stern's book Miss America was declared not to be a copyright infringement because any reasonable person would not think the book was about the Miss America Pagent.

So you could make a site with the word Playboy in it so long as a reasonable person wouldn't think it was from THE Playboy. You'd probably still get sued, but you might win.

03-06-2002, 08:57 AM	#1
GotGauge Confirmed User Join Date: Nov 2001 Location: USA Posts: 3,072	Trademarks Where do you go look up trademarks? Also if someone gets a trademark on the word/ phrase adulthosting, and own the domain name adulthosting.com if I registered the domain name freeadulthosting am I in the worng? also keep in mind I came up with that name on my own, not trying to take money away from adulthosting.com. Those names above are all examples. But if they can take my domain name freeadulthosting.com then everyone with adulthosting in their name is wrong... Please give me all your thought, and then also any hard facts.. __________________ ICQ 22264474 [email protected]

03-06-2002, 09:46 AM	#4
GotGauge Confirmed User Join Date: Nov 2001 Location: USA Posts: 3,072	Thank you PK, Can you please email me? I want to give you the specifics on this. [email protected] __________________ ICQ 22264474 [email protected]

03-06-2002, 10:06 AM	#5
GotGauge Confirmed User Join Date: Nov 2001 Location: USA Posts: 3,072	PK, I see that you can not claim adult links what if a person opens a store and sells live cats online (yes stupid) But, they called it persiankittysstore.com do you have claim to that doamin name? __________________ ICQ 22264474 [email protected]

03-06-2002, 10:42 AM	#7
Cyndalie Confirmed User Industry Role: Join Date: Jan 2002 Location: Cherry Hill, NJ Posts: 3,615	Go to http://www.nameprotect.com/cgi-bin/F...rch/search.cgi to do a trademark search. __________________ Cyndalie Marketing Director StoriesTraffic.com

03-06-2002, 10:48 AM	#9
AdultWire Confirmed User Join Date: Feb 2002 Location: Toronto, ON Posts: 962	Adult Hosting is a common phrase that whose trademark most likely cannot be defended in a court of law. Sort of like when AT&T trademarked "Internet". __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

03-06-2002, 09:32 AM	#2
PersianKitty Meow Media Inc. Industry Role: Join Date: Jul 2001 Location: In the valley of the sun, cactus, tacos, tequila, and nod Posts: 7,785	You can search for trademark registrations and status at http://tess.uspto.gov/bin/gate.exe?f...ate=mkrba0.1.1 As for your example, there are currently no registrations which include the words "adult hosting". I don't think you'd have a problem. In some instances they will disclaimer common words or phrases. For example, in my registration for "persian kitty's adult links", they included a disclaimer that I made no claim to the exclusive right to use "adult links".

03-06-2002, 09:40 AM	#3
FloridaKid Registered User Join Date: Jan 2002 Location: Florida Posts: 71	It doesnt matter if you have a trademark or not. There is this thing called common law. Basically, for example, if you found out pepsi wasn't trademarked and went and trademarked it, and then told pepsi they cant sell it anymore because you trademarked it, They would sue you and most likely win because they have been selling pepsi and doing business for much longer than you. Basically, if you didnt come up with the idea, a trademark is worthless.

03-06-2002, 10:14 AM	#6
playa Confirmed User Join Date: Feb 2001 Location: atlanta, GA Posts: 6,432	you can only trademark unique names and phrases not common words "adult links" is nothing unqiue and is a general phrase

03-06-2002, 10:48 AM	#8
ldinternet Confirmed User Join Date: Apr 2001 Posts: 8,245	Damn, "Jesus Condom" is a registered trademark!

03-06-2002, 03:52 PM	#10
GotGauge Confirmed User Join Date: Nov 2001 Location: USA Posts: 3,072	never mind __________________ ICQ 22264474 [email protected] Last edited by GotGauge; 03-06-2002 at 03:54 PM..

03-06-2002, 09:08 PM	#12
Warphead Confirmed User Join Date: Jan 2001 Location: Kiss my yankee dick. Posts: 994	Well remember that copyright/trademark infringement only happens when the goal is misleading or a "reasonable person" could get confused. eg Howard Stern's book Miss America was declared not to be a copyright infringement because any reasonable person would not think the book was about the Miss America Pagent. So you could make a site with the word Playboy in it so long as a reasonable person wouldn't think it was from THE Playboy. You'd probably still get sued, but you might win.