My understanding of this issue was that generic names couldn't be copyrighted/TM. Twitter however is and it is a dictionary word... http://www.thefreedictionary.com/twitter So can generics ie dictionary words get TM/copyrights?
Sure they can. And it's trademark, not copyright. Among my favorite examples are so-called generic words like shell and head & shoulders being generic for the mollusk and one who's above the rest. Yet lots of people load gas at Shell and use Head & Shoulders shampoo. People can establish trademark rights using dictionary words when used in its distinctive sense rather than its descriptive or dictionary meaning.
Some lawyers I know would say no. A video is descriptive or generic for video, so using the domain in that sense won't qualify for trademark rights. You could if you use video.com for, say, a search engine service. There is no so-called dictionary or generic definition of a video being a search engine, so it can arguably become a trademark if especially used as one.
so essentially video.net, video.info, video.org, video.biz, video.mobi etc could all run sites copying the idea of video.com unless they found away to tm it...so then why would this site be worth like 1 million to an enduser if they cant establish some sort of tm.
Well, if someone's willing to pay one million to buy it, why not? Kidding aside, lots of one-word dictionary domain names have lots of people who are willing to pay big money to get it. That's really no different from any other real-world commodity. But...I guess there's a really big personally-intriguing question you can freely ask here? I gather there's more to it than what you're currently letting on.
Well I have a generic dictionary name domain (not video.com lol, if I had that I would be on an island somewhere on a beach) and my idea for content is related to though not exactly the dict name. But Im thinking that if I cant get a TM (if my site is good and starts getting hits) others will use that name and make knockoff sites with my site name but diff extension etc..
I can name my apples apples but if I started to name my MP3 player or laptops apples, then I might have a hard time fighting Steve and his lawyers.. Trademarks are associated with the nature of "trade" for which you seek the trademark, IMO.
Check on UCC code & usage intent. No one's allowed through the USPTO to get a TM for a generic/general term/phrase/word or anything else (except for Donald Trump apparently! LOL Personal joke between me & myself, apparently!) without a long, drawn out application, which is thrown out unless it is inclusive of a "usage" for the potential TM. In other words, 10,000++++++ individual TMs can be granted to anyone, even if the term is identical, dependent on the TM/USPTO application process, which includes a process by which the USPTO contacts any other potential conflictive TM holders, so that the TM holders can file a challenge to the new TM before it is approved by the USPTO. This means that everyone already holding a TM to the term/phrase has a legal right to challenge the "usage"/UCC code of the potential new TM. If it's confusingly similar or identical AND the intent by the NEW TM owner poses a conflict to an existing holder of a TM, there will be some "slpainin' to do". With regard to domain names (which is why the NAF & WIPO were formed - they are the "domain name courts"). There's no such thing as "owning" the rights to any (one-word) esp. dictionary term. No such thing. No such thing. And, by the way...when you register an domain name - you DO NOT OWN the term/phrase/word. You are only "registering" the rights to USE the name/term/phrase. So, when you "sell" it (domain name) - you are only "selling"/aka "transferring" the legal rights for the usage of the domain name for the term of the contract (registration period). NO ONE EVER OWNS NAMES/WORDS/PHRASES, ETC. This should be made clear. This is why TM/USPTO/Intellectual Law should be a pre-requisite for every domain "Registrant" before they're allowed to use a domain name. I've studied TM/Intellectual Property Law for nearly 20 years now. It's amazing that more people aren't sued. I also own 10 businesses in addition to 2 internet-based ones. So I'm not speaking out of my butt on this. Make yourself knowledgeable BEFORE getting into ANY business. This isn't merely a crap shoot. This IS a valid business (domaining)!!!!!