OK, ignore the previous post. I was looking to register wikileaps.org while writing it. However, since that is taken, here is my true opinion: How often do you type "leak"? My guess is "lead" and even "leap" are more common, so you might end up typing them by reflex. With the huge traffic wikileaks gets, it's conceivable they would be getting some spillover traffic. Imo. W.
wiki is not trademarkable. It just means Hawaiian I think. It is hardly suggestive. A famous strip club in Hawaii is the Wiki Wiki Club. If you are going for a typo, why wouldn't you go for the adjacent letters to k. No, that's a home key. But I guess what you are saying is that it is more intuitive for some reason to type 'lead' or 'leap'?
That is correct. Like when you type 'then' instead of 'than', to take an extreme example. It seems to me there might be two types of typos: 1) when your finger accidentally hits the wrong key 2) when your mind "slips" and you type the wrong word because it sounds/looks/types similarly I'm not sure that's entirely right, but to me it's plausible, at least. W.
We don't have to wonder too much now with data available on misspellings. My guess would be leeks, leiks, lieks etc. However my guesswork is informed by being from an english speaking backgroud thinking that someone is making a spelling mistake (category b) I suppose it depends on what country a person comes from too. There may be common linguistic patterns just as there are with spoken errors.
wiki is certainly trademarkable and there are a quite a few US Registered marks containing "wiki". Wikipedia, wiki wiki, searchwiki, etc, are also trademarked. I fail to see why wikileaks couldn't assert common law rights. Even if the term was generic/descriptive, I think the term is famous enough to claim trademark rights as it has acquired a secondary meaning. As in most cases, usage is the key. I see you claim to be a non-certified lawyer - have you even had any actual in-court experience with US trademark law?
Thank you for making my point which was that it isn't possible to have wiki at this point in time. I cited one of the registered trademarks in existence for that very reason. Any of the registered trademark owners could take you on and even without their registrations, it has definitely acquired secondary meaning as a common law trademark. I was pointing out the meaning of the meaning of the term; I understood it was common in IT circles too, as it is something that is simple and quick, 'quick and dirty', technically simple enough to convey info to people without a lot of thought going into the design. Light on resources.
Wikileeks could be a site that sells vegetables online. I think that'd be great business. People would buy from it just because it'd be funny. The product of choice should of course be leeks, and other green stuff (green onions, artichokes)... who wants to start it up???
I didn't get that point from your post at all. "wiki is not trademarkable. It just means Hawaiian I think. It is hardly suggestive. A famous strip club in Hawaii is the Wiki Wiki Club. If you are going for a typo, why wouldn't you go for the adjacent letters to k. No, that's a home key. But I guess what you are saying is that it is more intuitive for some reason to type 'lead' or 'leap'?" The OP was asking about a typo for wikileaks. You even asked why he didn't go for a typo with "the adjacent letters". Typo's, phonetic spellings and misspellings can all be trademark infringement - and I didn't see you making that point at all. It needs to be clear that registering a typo to take advantage of a famous mark could very well result in a lawsuit for infringement. I find it a little odd that someone who supposedly has IP experience wouldn't point that out and in fact, appears to encourage/suggest something that could result in them being sued.
oh come on everybody knows about typosquatting. Clearly I was taking the conversation off in another direction. I was talking about the wiki element. I am not giving legal advice here. I think I will stay out of here walker. There are nicer places to hang out
You're new here. If you had spent any time reading the through the legal posts, you wouldn't say that "everybody knows about typosquatting". I think you like to dance when you give bad answers - and while everyone makes mistakes, when you claim to be an experienced IP attorney, you need to be a lot more careful about what you post - or as you say, start "taking the conversation off in another direction". lol
I am not an Attorney. I am a Barrister and Solicitor of the Supreme Court of Victoria. I am not an experienced IP lawyer. I have a Masters in it, but never claimed to be eminent. I have not even renewed my Practising Certificate. Sorry I am new here, and I think I shall stay forever new by leaving it to the 'experts' like you
Your website (the one in your signature) says "IP Professionals" Our Expertise * DESIGNS LAW * TRADEMARK LAW o What is a trademark? o Ownership o Trade mark searches o Trademark registration o Opposition Proceedings o Trademark disputes o Trademark management o Licensing & commercialisation o Trademarks on the Internet * INTERNET LAW o Domain name disputes o Domain names My mistake.