Is "about.com" trademarked ?

Discussion in 'Legal Issues' started by rowen77, Mar 14, 2008.

  1. Goramba

    Goramba Peon

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    #21
    This may apply:

    How can you trademark words in the dictionary? It all depends on how close the trademark owner's products are to the dictionary definition. For example, apples (the fruit) do not have anything to do with computers, so Apple is a distinctive, strong mark for computer products and services, identifying one unique source of those products and services. The mark Apple would be a little less strong, but still protectable for the hypothetical company, Apple Healthcare because there is a logical association between apples and health (the saying "an apple a day keeps the doctor away"). Since the word "apple" does not directly describe health care services, it can still identify one unique source of those services. No fruit grower, however, could claim exclusive trademark rights in the name "apple" for its fruit. "Apple" is a generic term in that industry and is not protectable as a trademark. It does not identify any unique source of the fruit. For this reason, no one apple grower can trademark the word "apple" and prevent competitors and other members of the industry from using it in their company and product names.
     
    Goramba, Mar 17, 2008 IP
  2. rowen77

    rowen77 Peon

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    #22
    exactly, good points.

    I have looked at the about.com website and it is plagued with ads and not particularly useful. I think commonsense dictates that this is a word that cant be trademarked. About.com is about many different subjects, religion, travel, computers, so supposedly if about.com was trademarked, they can trademark it for any subject!

    besides I have done searches and many travel sites are using "about"

    www.travelaboutbali.com
    www.travelaboutnh.com
    www.itravelabout.com
    www.travelabout.net
    www.travelabout.com.au

    so I think Ill go ahead and make the site
     
    rowen77, Mar 17, 2008 IP
  3. mjewel

    mjewel Prominent Member

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    #23
    It is not a matter of opinion - it's a fact - about.com is a Federally Registered trademark. They actually hold at least 4 different trademark classifications.

    The five year period has passed since they trademarked it, so it is uncontestable.

    Registration numbers:
    3363403
    2716901
    2714844
    2348472

    It doesn't mean that no one can ever use "about" as a part of a domain name, it means they have protected rights in specific classifications and there are restrictions - often a grey area. They are a large enough company that they could sue someone and cause you to run up legal fees of hundreds of thousands of dollars. Millions is not unheard of. If you lost, you could be forced to pay treble their costs.

    There are thousands of uses of "about" as part of a domain name that wouldn't be infringement, but there are also domain names that would be infringement.
     
    mjewel, Mar 17, 2008 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #24
    And can common sense explain why about.com has 4 federal registrations at
    the USPTO as mjewel posted here, considering they're prima facie evidence of
    a mark having acquired distinctivness? I don't know how common sense can
    possibly argue against fact.

    One may develop the domain name into something. Just try to make sure that
    you're not possibly confusing users with someone's trademark.
     
    Dave Zan, Mar 18, 2008 IP
  5. InfoSmith

    InfoSmith Peon

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    #25
    InfoSmith, Mar 20, 2008 IP