TM Infringement?

Discussion in 'Legal Issues' started by logicsync, Apr 11, 2011.

  1. logicsync

    logicsync Peon

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    #21
    Sorry to interrupt the flow.

    Does the country of juridiction also matter. Say the WOW (as In World of Warcraft) is trademarked in USA and EU so can they sue someone who is a resident of India and is hosting this site in India?
     
    Last edited: Apr 14, 2011
    logicsync, Apr 14, 2011 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #22
    Sheesh, you actually answered it yourself:

    Tide is a dictionary word for the waves and a trademark for detergent. What exactly
    isn't clear there?

    It can matter in certain situations, especially if either the registrar or the Registry of
    that domain extension is within U.S. or EU jurisdiction. OTOH, UDRP is a cheaper option
    to suing and might be more practical in other scenarios.

    Essentially, the question here is if Blizzard is indeed using the letters W-o-W as a mark
    or not. IMHO no because I've yet to see any Blizzard product actively using just WoW
    rather than the full words themselves, though I can be wrong.

    Then again, just be aware of anyone else using those letters as a trademark also and
    avoid it.
     
    Dave Zan, Apr 14, 2011 IP
  3. logicsync

    logicsync Peon

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    #23
    I want to thank all of you for your comments. I have made my mind not to use WOW in my domain name. This forum is sure better than namepros where i got only a single reply for my query. Thanks again :)
     
    logicsync, Apr 14, 2011 IP
  4. mjewel

    mjewel Prominent Member

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    #24
    WoW is claimed as a TM by Blizzard.

    http://us.blizzard.com/store/details.xml?id=110000034

    Edit: It is also a Registered Mark.

    Word Mark WOW
    Goods and Services IC 041. US 100 101 107. G & S: ENTERTAINMENT SERVICES, NAMELY, PROVIDING ON-LINE COMPUTER AND VIDEO GAMES, TIPS AND STRATEGIES FOR COMPUTER GAMES; ARRANGING AND CONDUCTING COMPUTER GAME COMPETITIONS
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 78518928
    Filing Date November 17, 2004
    Current Filing Basis 1B
    Original Filing Basis 1B
    Published for Opposition September 23, 2008
    Owner (APPLICANT) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 16215 Alton Parkway Legal Department Irvine CALIFORNIA 92618
    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Rod A. Riogle
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE

    Word Mark WOW
    Goods and Services IC 009. US 021 023 026 036 038. G & S: downloadable computer game software and computer game software for an on-line role-playing game; downloadable entertainment computer software and entertainment computer software in the nature of a game capable of being played on a personal computer, television gaming system, portable gaming system, global computer network, cellular telephone, personal digital assistant or wireless communication device
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 78518924
    Filing Date November 17, 2004
    Current Filing Basis 1B
    Original Filing Basis 1B
    Published for Opposition February 3, 2009
    Owner (APPLICANT) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 16215 Alton Parkway Legal Department Irvine CALIFORNIA 92618
    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Rod A. Rigole
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
     
    mjewel, Apr 14, 2011 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #25
    Ahhh...so Blizzard indeed uses WoW as a trademark. I guess I didn't look hard enough in
    USPTO when I first checked it out.

    Thanks.
     
    Dave Zan, Apr 14, 2011 IP
  6. logicsync

    logicsync Peon

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    #26
    logicsync, Apr 15, 2011 IP
  7. contentboss

    contentboss Peon

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    #27
    the examples you gave link to issued trademarks, as I have already said, that are either pictorial images, or CAPS versions of dictionary words. There is no issued trademark on the dictionary words 'Tide' or 'tide' in any class. 'TIDE' is not a dictionary word (because it's in CAPS - perhaps you are using the 'junior learn to spell BIG LETTER DICTIONARY FOR THE HARD of SEEING)
     
    contentboss, Apr 18, 2011 IP
  8. browntwn

    browntwn Illustrious Member

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    #28
    Man you are dense.
     
    browntwn, Apr 18, 2011 IP
  9. contentboss

    contentboss Peon

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    #29
    my, how incisive. How pithy. How cutting.

    Listen up fool.

    You can trademark words, images, whatever. They ain't the same. It's VERY common that if the trademark office declines to allow you to trademark a word, you go for a pictorial representation of it, i.e. (deep breath) a specific rendering of it in a particular font, color or style that makes it distinguishable. I know this because I've actually been in that situation, and that, unfortunately, is how the UK trademark system works. AFAIK (and I'm no expert, but then again neither does anyone else on here seem to be), it's a long standing principle of UK trademark law that you can't trademark a dictionary word in a category that the word directly links to. For example, you can't trademark 'Food' for a food company. If this wasn't the case, it would be possible for someone with deep pockets to basically 'grab' the entire English language and prohibit other people from using it ('Food' is my trademark. I demand that all chefs stop using that word immediately. Or pay me royalties).

    Although as I keep on pointing out, you CAN trademark pictorial representations, CAP-versions etc of just about anything.

    And so far, no one has been able to point us to anything that contravenes that understanding.

    So feel free to sling some more insults, little boy.
     
    Last edited: Apr 18, 2011
    contentboss, Apr 18, 2011 IP
  10. browntwn

    browntwn Illustrious Member

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    #30
    You are just arguing with yourself now.


    Here is another dictionary word mark just for you:

    And before you make a fool of yourself [again]:

     
    Last edited: Apr 18, 2011
    browntwn, Apr 18, 2011 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #31
    And if you look at the sample I gave, is Tide being used as a trademark for waves? Or is
    it generically or descriptively known for detergents?

    "Hey, Joe, what do you use to wash your clothes?"

    "Oh, I use Tide. It works!"

    Is Joe referring to Tide as the waves above?

    It doesn't matter if it's upper or lower case. The point of a trademark is for consumers
    to recognize the source of that good or service used distinctively in commerce.

    You're right that a generic word like food can't be used to describe a food company. It
    seems lost that a generic or dictionary can be used as a mark depending on context.

    Speaking of U.K., much of trademark law used around the world is essentially based on
    theirs. Go ahead and check the U.K.'s trademark engine for Tide, and see if you find it
    like I did.

    If you want, I can even refer you to some trademark lawyers I know. Can't guarantee
    they won't be as patient and snarky as I am, though browntwn already gave you some
    concepts used both in the U.S. and U.K.
     
    Dave Zan, Apr 18, 2011 IP
  12. contentboss

    contentboss Peon

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    #32
    thank you for you wonderful patience and snarks.

    You should probably trademark 'snarky' btw.

    edit, there's a nice thread on the forum elsewhere - mjewel gives a nice explanation of the process, especially as regarding 'generic' terms.

    edit edit heres the linky - http://forums.digitalpoint.com/showthread.php?t=207159

    Keep snarking.
     
    Last edited: Apr 19, 2011
    contentboss, Apr 19, 2011 IP