Is this a TM issue?

I have TheaterGiftCard.com. Give me some opinions,please, about this name related to GiftCard.com. Can it be a TM issue? Thanks

 

Looks pretty generic on its face as it is descriptive.

Looking at the GiftCard.com website it does not appear that they claim any trademark on the term giftcard or even giftcard.com. They do seem to have a registered mark on their 1-800 GIFT CARD phone number.

All it all I do not see a problem based on a quick look.

 

Thanks for your help browntwn. I checked at Trademarkia and there are two registrations there for gift card. And, yes, I don`t see any TM mentioned on their site.

 

We have filed for the TM on giftcard.com but it has not been approved yet.

 

weed hoex?

 

What duras?

 

So how do you feel about someone using TheaterGiftCard.com? It would seem to be non-infringing on your trademarks, even if you do get one on giftcard.com.

 

browntwn does it matter that i regged this name before they will get their TM? i want to be sure when i asked them to buy my name

 

My quick analysis is that I do not think his mark (the one below) prevents you from using your domain name although the exact dates of your domain registration and his trademark registration are not fully known to me. Without knowing the various dates and claims it is hard to definitively say. It does not appear that they have a trademark on the words, but instead on a graphic.

The best situation for each of you is to come to an understanding about who is using what and in what manner and not have to worry about it. He is clearly the bigger player and I do not know enough about his business to know if he already deals with theater gift cards. Perhaps there is a way you can even help each other make money.

I do see an active trademark, but not for the words giftcard.com, but for a Design - a logo. I assume this is the mark he is referring to in his post above.

 

thanks a lot browntwn, that was a profs analysis.

 

They just paid 4 million for the giftcard.com domain name. So they probably have a strong interest in protecting their new investment. Sadly for you, if they decided to fight you over it I can't imagine it would be worth your investment in time or money to fight back. I think you certainly have an arguable right to use the domain name - but that doesn't mean much in the face of huge legal bills.

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