Help Me Please! Donald Trump has Got after Me! Please Read ***

Don't post in the legal section when you don't even know the difference between a copyright and a trademark. Trump already has multiple trademarks on the exclusive use of "Trump" - and those rights are cast in stone and uncontestable - there are many existing rulings where he has prevailed in infringement cases. Common words can be certainly be trademarks - just ask "Apple" computer.

 

Absolutely!

That's not the way the multiple trademarks "Donald" has - they are specific to different commerce areas and not all-inclusive... and since the domain in question is "advice on online money making success" there isn't any confusion on marks nor dilution on any of Donald's marks... and with the regional distinction as well... that's a hard case to make...

I'm sure with the right "angle" a billionaires' legal team can make a case... which is why caution is the best approach... but this isn't cast in stone and uncontestable neither.

And as for Apple (Computers) vs. Apple (Music) that was about the cross-over of computer devices as they relate to MP3 downloads as it relates to Music ... not say games and software apps... for which if Apple (Music) tried to say downloadable games and software apps are covered under their marks it would have likely gone the other way.

 

If you read the rest of my post you would have noticed that I mentioned that if they are not infringing upon any direct area of the Trump organizations business they can't claim a trademark on the content of the site. Hence your "Apple" comment would hold true to "Apple Computers" But not to foods relating to Apples. As I stated if they are not violating a direct use the word is not trademarked all inclusively. I've run into this on my own blogs where words are trademarked and I get a notice from a company who isn't even close to being in my realm of using the word.

 

While trademarks are granted by classification, there are over 100 federal trademarks with "Trump" - setting up very broad protection. Federal rights become cast in stone after 5 years (only contestable for fraud). That's only federal registrations, not even factoring in any common law rights. Donald Trump is clearly associated with making money and domain name alone makes a good case for confusion. While I may have missed something, I didn't see a single WIPO where Trump has lost.

I don't see any problem with a "regional distinction" - it's a dot com website in English. Unless his logs show he isn't receiving US traffic, he has no argument (at least not a good one). I have fought a number of trademark infringement cases in the last 15 years. I know from experience that it easy to hundreds of thousands on a single case.

Forget the legal merits of the case (and I think they are strong for infringement) - You can always fight infringement in court, but the deep pocket always wins. As I said, if Trump wants the domain, he can take it. No 21 year old individual is going to spend hundreds of thousands (even a million or more) to keep this domain. If for no other reason, the domain can be taken because the other side has more money. I'm not talking about what is fair, it's reality.

 

3 minutes of searching...

http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0119.html

trumpfurniture.com where the owner didn't even respond (thus no case was made against) and Trump lost.

Given the logo argument of a "trump card" as noted in this dispute... I would give it a 50/50 draw on the way it goes.

 

Unlike making money, furniture is not something Donald Trump is known for. In the end, he got the domain anyway.

"The Panel makes no judgment on whether Complainant would prevail under a subsequent complaint under the Policy after its pending intent-to-use trademark application for TRUMP FURNITURE matures into a registration, or whether such a subsequent complaint would be proper."

Domain now registered to:

Registrant:
The Trump Organization
725 Fifth Avenue
New York, New York 10022
United States

 

This is all to the best of my knowledge.

"Trump" is a common word in the English language, in almost all dictionaries, it can't be trademarked.

You can easily fight this, and it would be no small bragging right to say you beat Donald Trump in the court of law.

If you've got the money, go see a lawyer and find out what your rights are in your country of residence.

Unless you really don't care and have no problem giving the domain up (which I assume you don't because you posted here), then fight it.

 

Again, people who think common words can't be trademarked (tell that to Apple, Amazon, Barbie. i.e. Mattell) shouldn't be posting advice in the legal section. If you define "easily fighting" spending a few hundred thousand dollars (which you don't get back even if you win) - then I guess that's the one thing you posted that is right

 

1. Your knowledge of trademark law is apparently very limited.

2. Words in the dictionary can most certainly be trademarked.

Why would you post in the legal forum when you don't have any idea what you are talking about?

 

well that isn't this:

I'm sure when a new domain is registered if Trump doesn't have any previous interest in that area before they start that interest so they can do the above.

 

I really wonder how far they can go for just a: word.

 

At face value mjewel is 100% right... if Donald wishes the domain you will more than likely (almost certainly lose it) because a billionaire can force you into court with bubbling over legal expenses until you give up (with no money to continue)

It really doesn't matter who is right or wrong or what is lawfully correct - all that matters is "can you play the game indefinitely".

 

Because I did my research?

http://www.searchenginegenie.com/seo-copywriting/2009/04/can-individual-common-words-be.html
http://www.svw.co.za/blog/can-common-words-be-trademarked.html

 

You quote a source where a moron posts this?

"As per the rule of US trademark office you cannot trademark too common generic words. There are instances where people claim they have copyrighted a common single word. In most cases it will be fake you need to verify those claims I am sure you will see those are actually bogus claims."

"....I would consider this trademark violation and if the trademark owner disputes you can be fined."


You could probably find an Internet source that confirms the mother ship will be arriving in 30 days to transport earthlings to the planet Zeon....


You can certainly trademark words in the dictionary. What you can't do is trademark "Apple" as a fruit. You can trademark "Apple" as a jewelry line, computer, music company, etc.

 

well as a fruit an apple has no commercial rights but:

... Apple as a fruit company,
... Apple as a dessert company,
... Apple as a tree company,
... Apple as a pollination company,

are all plausible... while it can be disputed a case could be made.

Like "trump" if you look at many of their disputes "just before the dispute" there was magical interest by the trump company to venture that way... Apple Records could extend their brand from records, to stereo, to home furnishings, to wood by-products from apple trees, and eventually into fruit picking.

 

You are apparently not very good at research either.

I am not looking to pick on you but you are speaking about a well established area of the law and making statements that are not even close to correct.

You can always go to uspto.gov and do you own search for dictionary terms. You will find many have been legally trademarked for many years. Simply, the notion that a dictionary word cannot become a valid, legally enforceable, trademark is is false.

 

Call the
Justice brothers" Jesse Jackson and Big Al Sharpton they can put a spin on The Donald and sue him for being a domain nazi

 

because ur in thailand and ur registrar is outside the US (I hope), then I'd think there isnt dittley squat (that means nothing) that they could do. Let them fight u for it, if they try taking u to court they are going to spend close to 10,000 USD, meaning that if they can settle and have ur domain for less than they probably will purchase ur domain for 8,000 or so, depending on if theyre serious. Most likely they just want ur domain and this is a nasty letter theyre sending u trying to scare u into sending them ur domain. Hope this helps!

 

It doesn't matter where you live or where you register the domain, they can easily take a domain with a UDRP filing.

 

Coolster44, what's the latest update on this legal issue. Has anyone responded to you after you sent them your latest reply? It appears that they haven't since you haven't posted anything more in a while.