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Domain with trademarks

         

patc

7:40 pm on Nov 4, 2005 (gmt 0)

10+ Year Member



A couple of months ago I bidded on SnapNames for a domain that used to be a site run to the ground by .com bubble venture capitalists in the late '90s.

I got in contact with an ex employee who says the whole thing is dissolved and gone, but I happened to look up the US trademark office and saw the name there for 4 entries - 2 'DEAD' and 2 'LIVE'.

The LIVE ones were as follows, a 'Typed Drawing' (the domain, minus .com) and the other was a 'Word Mark' (i.e. logo) of the name (minus the .com).

The logo one suggests to me as long as I don't use a logo identical to that, I'll be alright, but the 'Typed Drawing' ie. "Widgets" worries me more.

I don't know whether I can start using the domain or not - obviously in hindsight I should have looked at these things, but I wanted the name so badly I was rather caught up in the moment!

Am I being overly cautious?

Webwork

4:41 am on Nov 5, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



My friend, you're not being cautious enough if you're asking webmasters for legal advice. Don't rely on us. Do a little more digging into the USPTO.gov site and online legal sites. IF you find something definitive - or at least illuminating - in your research then come on back and tell us about it.

You might want to dig into the USPTO's history of granting trademarks on domain names. They were a bit generous for awhile and then reversed themselves when people got a bit crazy in their thinking that a domain mark gave them rights to generic words. Not quite.

You might also want to dig into the meaning of the distinctions you are finding, for example, what exactly does the trademark apply to when a word is made into a symbol or graphic of some kind?

I hereby charge you with the duty of performing some research, in your own interest, and then coming back and making an interesting educational post for the rest of us about the general principals.

You up to it? You strike me as bright enough to take on the task. :)

davezan

11:37 pm on Nov 5, 2005 (gmt 0)

10+ Year Member



How will you use the domain name?

edigicam

8:55 pm on Nov 6, 2005 (gmt 0)

10+ Year Member



What Webwork says is right - get some expert advide, asking webmasters here is just guessing games.