Re: DOMAIN NAME, EXPIRED WITH A (SM) OR A (TM)
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Posted by Stephen L. Anderson on April 05, 2001 at 02:50:02:
In Reply to: DOMAIN NAME, EXPIRED WITH A (SM) OR A (TM) posted by BILL GALLAGHER on March 07, 2001 at 13:29:47:
Maybe we can help.
Trademark law protects distinctive names, titles, slogans and symbols that are used by their owners in business or commerce.
Domain Names may be eligible for trademark protection only if the name is used in the course of a trade or business to promote the sale of certain goods or services; and to distinguish the domain proprietor's name from that of other traders and competitors.
With millions of new ".coms" , ".nets", ".orgs.", .tvs", and the like being registered each year, Trademark holders are finding it increasingly difficult to protect against everyone from cybersquatters, (domain hijackers) to innocent newcomers who fancy a similar domain name.
New Domain names can be
b. capable of functioning as a trademark; or
c. allegedly infringing on the rights of others.
GENERIC WORDS AND NAMES
When the common name or word is used to describe the product or service that it obviously represents, it cannot function as a trademark.
For example, if a pet exterminator was to come out with a better mousetrap and decide to name it “mousetrap” he would be surely be unable to stop his competitors from fairly and properly calling their own rodent eradicators: “Mousetrap” or for his Internet-ready
However, some of the most valuable domain names may indeed be the generic ones.
Earlier this year, one three letter domain was sold for 85 million dollars.
Suntansupply if used to sell (tanning beds, after-care lotions, and paba cream etc) might be generic – or it might be capable of functioning as a trademark.
The strength and weaknesses in your case will likely depends on several important factors which include:
-the class of goods and services that the suntan supply name has been used
-the length of time used,
-the public awareness or recognition of the mark caused by continous use in commerce on the internet and in the various states and countries
-the intent (or innoncence) of the "cybersquatter" with respect to the opportunity to capitalize on your fame and goodwill
- the rights held by the newcomer, the members of the trade and/or any other senior trademark proprietors with similar names - - - and
- the contract you had with your Web Host!
Our firm assists in the protection of both domain names and trademarks by offering Registration, Counsel and Enforcement services.
In times of crisis, we find solutions to domain disputes, cybersquatting, “Meta Tagging” and good-old-fashioned trademark infringement. As members of the International Trademark Association, our attorneys work with agents and local affiliates in faraway places (including Chile) to preserve and protect our client’s valuable intellectual property rights.
For more visit our website : www.namesavers.net
“Intellectual Property Solutions For the New Millennium” (Sm)
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