RealTouch sextoy - what happened?

Beta testing the units before releasing it to public. Should be coming out soon.

Unless Dupont's trademark extends to sex toys, there's no problem.

doesn't work that way. first and foremost, they can/will lose the domains... secondly, there are the standard trademark issues... but you've got hat worked out, so fee feel free to name a new dildo the Ipod and see how far that gets you.

DuPont Flooring
http://tess2.uspto.gov/bin/showfield...005:mdvbmb.2.3

I think this is our penile insertion device:
http://tess2.uspto.gov/bin/showfield...005:mdvbmb.2.5

Plus, better pass your legal opinion on to these fine fellows:

Another sextoy (listed as "artificial penis")
http://tess2.uspto.gov/bin/showfield...005:mdvbmb.2.6

Dolls
http://tess2.uspto.gov/bin/showfield...005:mdvbmb.2.9

Brush up on your trademark law. Nobody's going to confuse flooring with something you stick your dick in, DuPont's flooring isn't THAT good. I'd think the other sextoy company is the one that would have the problem.

whouldn't you call it the "IPUD"

1) a patent is not a trademark or a copyright
2) you're a retard

... i'm guessing at this point that you must be AEBN's legal counsel

let me help you "brush up" on trademarks with some definitions from USPTO.gov

Trademark

protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.



Patent

a property right granted by the Government of the United States of America to an inventor ?to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States? for a limited time in exchange for public disclosure of the invention when the patent is granted.


let me help you with some facts so that you can "brush up":

Fact... you have a product using the a trademarked name

Fact... you market it on a trademark domain which you (AEBN) will ultimately lose should Dupont decide they want it ... why wouldn't they? 1) it's their trademarked name and product line 2) they aren't going to respond well to customers and distributors asking why they are searching for a flooring product and end up at a sex toy.

Those ARE registered trademark searches, not patent searches. The same trademark can be registered by multiple companies, because in the registration, you define specifically what type of products and services the TRADEMARK is used for. If there's already a company that has registered that trademark for that type of product or service, you lose. If there isn't, you win. I hold registered trademarks, I know what I'm talking about.

Infringement is all about what the trademark is being used for (overlapping with another company's registered usage) or, in the case of a made up non-common language name, using one that is similar. Here's where your confusion is... "Real Touch" is not a made-up name like "Pepsi" that has no other meaning.

If you hold a registered trademark, you must be willing to defend the trademark if you suspect infringement. The fact that TWO companies have "Real Touch" trademarked for different kinds of sex toys, the earlier of which was published for possible opposition on February 19, 2008, registration was granted for both and there's been no legal action, leads me to believe that DuPont doesn't give a shit about that. If flooring were being sold with that name, I guarantee that DuPont's legal team would be on it in a week.

As for which company would have the rights to the domain if it came under contest, that's up to ICANN arbitration, I believe, and NOT a clear cut decision without arbitration. I'm not an ICANN arbitration expert.

As for the search issue, I just Googled "real touch flooring" (WITHOUT the quotes, so I'd have broader results), and I see no mention of sex toys.

Finally, I apologize, I didn't realize that those links were session-timed. If you'd like to see the registrations, go here:

http://www.uspto.gov/main/trademarks.htm

At the top of the right column, under Get A Trademark Registration, click Search. Pick the Basic search, type Real Touch in the search box, and look at the Live registrations.

I'd love for an attorney to chime in here.

this thread has gotten out of control

anyone want freerealtouch.com... for cheap

For giving away free flooring...?

That is a fucking weird contraption.

bumpbump

So the product was a failure, huh?

No man, it's awesome!
I've tried it personally and I ain't ashamed to admit it!
I think they have optimized their site better for affiliate conversions too...