Don't listen to bob50963 - he has no idea of what he is talking about. Go ahead and see an attorney - but he will need an IP attorney, not just some regular business attorney. A good IP attorney will charge $350 an hour on up. Take it from someone who has been in court many times over these issues - you don't want to spend six figures to keep a worthless domain. Even if you won by some miracle, unlike the trademark holder, you are out attorney fees. The name issue is a common newbie mistake - I don't care if you were born with the name "Donald Trump" you can't open a casino called Trump Casinos - besides, your name isn't Macy's, and you don't want to go into court and try to tell a judge you didn't register all those domains with the thought of riding a trademark holders goodwill. FYI, all the information you have posted can be used in a legal case against you - and they would certainly find this thread.
Just because a trademark holder "could take a domain" it doesn't mean they will - it is up to them to decide. If Apple hasn't granted permission, and those domains are being used for something related to their trademarks, then they could certainly take them. Practically speaking, a deep pocket can win most IP disputes by outspending the opposition. Few individuals have domains worth hundreds of thousands of dollars - and even fewer would be willing to spend that amount or more to prove a point. The nissan.com case is entirely different. It's the individuals real name and was used by them in business before there was an "Internet" There is a very long legal battle that doesn't appear to be over yet - and both sides have won at some point - and it certainly isn't clear cut (as would a legal case against someone who went and registered macysbucks.com, Searsbucks.com, walmartbucks.com, costcobucks.com). According to the nissan domain owner, the legal action has cost them around $3 million in legal fees and they were only awarded $58k for legal fees. Nevertheless, I'm not sure spending 16 years in court and legal battles while losing money can be counted as a "victory" - especially when it isn't over yet. These types of lawsuits are good for attorneys pocketbooks and bad for an individuals health. The OP father was clearly trying to ride the goodwill established by the trademark holder, they will certainly lose in court or in a WIPO action, and only bad things can happen if the trademark holder goes after them.
Macybuck has nothing to do with Macy. I was saying if he mentioned that his site is a coupon site then yes he will lose it. Please learn to read . That being said Macybuck has nothing to do with the trademark of macys. Since there is this thread he would be screwed anyways. cheers
First, the name in question is "macysbucks" - and it contains a federally registered mark "Macys". You posted: "Ok my name is Macy and last name is Bucks? They registered MACY, not MACYBUCKS! Can they really take this domain? That is like saying Im going to take your domain because it has the word forum in it and my company name is forum." It's obvious you have no idea of what you are talking about. Trademarks are established based on first use in a classification. The "Macys" trademark existed long before the domain was registered. When you own a trademark, adding words to a mark does NOT get around infringement. Even similar or phonetic spellings can be infringement. They "OWN" the right to use "Macys" for their type of usage. Combined with the other OP registrations, the intent is clear - and they would be screwed in court. Telling people to ignore an infringement claim "tell macy to piss off" is just plain stupid. It's always funny to see people get brave with other people's money. When DP has a section called "Legal Guesses" - feel free to post your "guess" about legal matters you have no experience in.
yeahh I think thats why hed just rather delete it.... compared to the $8 hed lose for the domain....... isnt worth the stress, hes like 66, not trying to add stress to his life on top of all of the stress that comes along with the successful businesses he already owns... just not worth it to fight like that... that nissan.com thing is cool though.. lol I wonder why he didnt just sell it to them for a lump sum... like yo this is my last name, but you can buy it from me for like 4 mil... lol
Give this man a prize... You can all yipyap all day about a single domain. The holder clearly intends to commit trademark infringement based upon the purchase of all the other names and, yes, that will come into play.
No mate that does not work that way. According to your opinions if i had a registered trademark of "pple" before Apple , i can take the Apple domain. No that does not work that way. If the trademark also means something different and the site is related with it they can not take the domain. my 2 cents
While WayReport makes a good point that domain name registrants often fold too quickly to claims of infringement, courts--and particularly UDRP panels--have found cybersquatting in far less egregious situations. The term "bucks" may well be considered a generic term for money, coupons, or credit. The addition of such a generic term to the term MACY may well be considered an appropriation of this famous mark. BTW, Who is Liola Granola?