Then I believe 1000 of websites need to turn in their names.
I think that lots of websites WILL turn in their names, simply because they lack the resources to fight.
I'm not a lawyer, and don't pretend to have a full grasp of the trademark laws. But from observation of other similar situations, I don't think it's quite so clear-cut.
There are zillions of "widget for Windows" products that Microsoft has (apparently) never moved on. They certainly have the resources to do so, should they choose to. Whether this was a strategic decision on the part of Microsoft to get greater publicity for their name, or if they judged that they couldn't legitimately make the claim, I dunno. I can simply observe that the names are out there unchallenged.
I do think that a key concept is whether or not the name causes confusion as to source. Maybe there is an attorney here who can clarify. It's clear to me as a consumer that something that is FOR Windows is NOT Windows.
There are probably many such exemptions for these websites containing "myspace" in the name. As well as many that ARE clearly confusing. And ones that clearly have absolutely nothing to do with myspace.com.
I am sure, though, that we will hear of some company that installs closet organizers who will just give up their name...
Maybe there is an attorney here who can clarify.
WebWork's actually one. ;)
While showing you indeed have a "legitimate use" for it or never intending to infringe on their mark in any way are your defenses, it really boils down to being able to defend yourself in Court.
I saw this one kid trying to sell his site and he was one of those bulletion sites that spammed all of the friend's list. It was a myspace something site...
I wonder if there are other companies going after domain owners who have trademarked name domains?
I wonder if there are other companies going after domain owners who have trademarked name domains?
Yup, tons of 'em if you know where to look. ;)
Are you kidding? Dozens of them.
This list hasn't been kept up to date, and it's only ICANN domains, but if you look through the list you'll find plenty of familiar trademarks, and plenty of examples of companies that have pursued a number of domain name holders.
[icann.org...]
they have too prove their 'trademark' actually covers the usage. When you apply for a trademark you have to spell out exactly what your business does.. therefore if they don't cover my space widgets they are out of luck. Bullying tactic that's all
I don't see any reason why my.....ship or my.....shuttle should turn in their names.
What if the ship, shuttle or train exists for the sole purpose of carrying myspace passengers?
I used to work for an auction site that was sued by eBay because they had the word "Bay" in their name. It made national news, as it was one of the early dot com law suits.
Can they do that?
Yes
I am sure they will continue the battle
Or rather, could I do it if I was a big corporation?
But I think ICAAN would look at the date of the trademark registration and compare it to when the domain was registered and see through your clever little idea.
Nice try though.
Google registered the trademark Adsense in 2003 according to the Patents and Trademark office www.uspto.gov.
It seems to answer my own question. A corporation (even one as large as Google) can not demand a domain name that has been registerd before they register it as trademark.
Google's trademark for Adsense was filed in 2003.
Could be interesting.
Could be interesting.
I'll second that statement.
Registering a domain name prior to someone filing for a trademark gives the domain owner rights to that domain, since it would be difficult to prove bad faith. However does tranfering that domain to a new owner negate the original registration date.
This will be one to watch.
Just hope the seller held out for a good price.
Again its totally strange that google inc. didnīt just buy the url and shelled out some compensation, if only to maintain their "do no evil" image.
Then again, someone began to register Adsense as trademark in 1984 but cancelled, if google starts compensating everybody that has had the same idea as them before it might upset the shareholders.
