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Good .MOBI names available but.?

.COM names are patentented?! :(

     
4:44 pm on Nov 16, 2006 (gmt 0)

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Hi, I have seen couple of domain names with .MOBI extension which I am planning to buy. But the .COM of the extensions of the same domain name are registered by some Mobile companies having Trademark Registered.

<Snip>

Do you fore see any issues from these companies if I purchase them?

Thanks
Garry4Ads

[edited by: Webwork at 5:20 pm (utc) on Nov. 16, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]

5:34 pm on Nov 16, 2006 (gmt 0)

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Firstly, IANAL - talk to Webwork if you want a professional opinion :-)

Now that's out of the way, you say that

the .COM of the extensions of the same domain name are registered by some Mobile companies having Trademark Registered

Do you actually mean that these companies have trademarked "widget.com"? Or is the trademark on "widget" itself?

The USPTO [uspto.gov] has an article you should read [uspto.gov] about the "trademarkability" of URLs. Read it. Talk to YOUR LAWYER. (What, you don't have a lawyer? You could be in deep water if you pick a fight with a mobile company, they'll (a) have lawyers, and (b) have deep pockets)

Let's take an unrelated example. Once recent one is Microsoft's Zune. Microsoft have a trademark on 'Zune' - you can read the gory details here [tess2.uspto.gov]. The bit that matters is this:

multimedia player, entertainment and communications devices; peripherals and accessories for use with multimedia player entertainment and communications device; headphones; earphones; docking stations for use with multimedia players; wired and wireless remote control devices for use with multimedia players; battery chargers; battery packs; electrical connectors, wires, cables, and adaptors; headphones and earphones; speakers; stereo amplifier and speaker base stations; automobile stereo adapters; audio recorders; radio receivers; radio transmitters; hardware and software for connecting multimedia players to existing audiovisual systems in homes, offices and automobiles; memory devices for storing music, audio and other digital content; computer software for use with multimedia player, entertainment and communciations devices for recording, organizing, transmitting, manipulating and reviewing text, data, audio, image and video files; a full line of computer application software for use on multimedia player, entertainment and communications devices; carrying cases, sacks, bags, straps, armbands and clips all for use with multimedia player, entertainment and communications devices; computer hardware and software for recording, playing and organizing music and video recordings; computer hardware and software for online accessing and purchasing of music, videos and other digital recordings; and cell phones; computer software for operating cell phones; peripherals and accessories for use with cell phones

IC 016. US 002 005 022 023 029 037 038 050. G & S: publications, namely, user manuals, magazines and newsletters all in the field of music, videos, entertainment, and multimedia player, entertainment and communications devices; pens, pencils, markers, stationery, stationery-type portfolios, clipboards, desk sets, pen and pencil holders, mounted and unmounted photographs, posters, magnetic boards, memo pads, binders, staplers, paperweights, paper coasters, calendars, notebooks, book covers, sticker books, greeting cards and note cards

IC 025. US 022 039. G & S: shirts, vests, sweatshirts, sweaters, sweatpants, pants, overalls, shorts, rompers, jackets, caps, pajamas, robes, night shirts, suspenders, jumpsuits, coats, sweatbands, scarves, gloves, mittens, socks, hosiery, stockings, underwear, footwear, headwear, hats, ties, visors, wrist bands, cloth bibs, aprons and Halloween and masquerade costumes

IC 028. US 022 023 038 050. G & S: toys and games, namely, action figures and accessories therefor; balloons; bathtub toys; toy building blocks; dolls and accessories therefor; doll clothing; board games; card games; play cosmetics for children; costume masks; miniature die cast vehicles; toy airplanes and helicopters; battery operated remote controlled toy vehicles; flying discs; inflatable vinyl figures; jigsaw puzzles; kites; marbles; indoor slumber and play tents; plush toys; hand-held puppets; sit-in and ride-on toy vehicles; train sets; play shaving kits; skateboards; roller skates; toy banks; water squirting toys; toy pistols; Christmas tree ornaments; pinball and arcade game machines; hand-held units for playing electronic games; model craft kits of toy figures; playground balls; sport balls; basketballs; golf balls; golf ball markers; tennis balls; baseballs; rubber action balls; rubber sports balls; rubber playing balls; squeezable balls used to relieve stress; bags for carrying golf equipment; bags for carrying basketball equipment; bags for carrying baseball equipment; bags for carrying tennis equipment; manipulative puzzles and construction toys; crib mobiles; mobiles for children; target sets consisting of a target, rubber suction darts and toy dart gun; and playing cards

IC 035. US 100 101 102. G & S: advertising services; online retail store featuring multimedia players, entertainment and communications devices, cell phones and peripherals and accessories therefor, music, video and other digital recordings

IC 038. US 100 101 104. G & S: telecommunication services; electronic transmission of data files, documents, music and videos over the Internet and wireless networks; electronic mail services; web messaging services; text messaging services; paging services; streaming of audio and video material over the Internet and wireless networks; wireless voice mail services; voice-activated dialing services; providing wireless access to computer networks and the Internet; cellular telephone services; and audio, video and television broadcasting and transmission

IC 041. US 100 101 107. G & S: entertainment services; providing information on the music, video and entertainment industries; providing website featuring information in the fields of music, video and entertainment including downloadable music, videos and other digital content and allowing website users to interact with one another

There are basicaly two scenarios with a surprisingly small amount of grey in between

1. You register e.g. www.worldwidezune.com, your name is Fred Zune, and your site has your family tree and photos of your recent holiday in Cuba. You are safe

2. You register e.g. www.worldwidezune.com hoping to cash in on the buzz related to MSFT's product. You mention MP3 players OR entertainment devies OR [insert any other product mentioned in the trademark]. You are screwed

So, back to mobile companies. Do you feel ready to pick a fight with an 800 pound gorilla?

6:40 pm on Nov 16, 2006 (gmt 0)

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The USPTO has an article you should read about the "trademarkability" of URLs.

Great link. Thanks!

I wonder what, if any, effect the outcome of UTube vs. YouTube will have on trademarks as they pertain to "confusingly similar." The two are not in the same market, nor do they sell similar services, so, under ordinary trademark law, there would be (to the best of my knowledge and IANAL) no issue. But online, will "confusingly similar" take on a different meaning, especially where your choice of a domain may negatively impact someone else's web site due to their bandwidth costs, etc.

Despite that, I am thinking that it will not have an effect on trademark law. But, will it affect other areas of law? Or, will getting "traffic by error" be considering a cost/risk of doing business on the Internet? Maybe we will all have to buy insurance policies against traffic from confusingly similar web sites eating up our bandwidth and overloading our servers?

Then again, I've gone completely off topic. Again, great link!

 

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