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should I trade mark my sites domain? and can I?
should I trade mark my sites domain? And can I?
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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 |
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. |
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.
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if I don't legally trademark it can somebody come after me if they trademark a similar phrase?
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good info. Thx. |
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? |
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. |
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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} |
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