We all know that the term "GIG" is associated with fiveer, and even on their website it says the term gig, and gigs is trademarked.... however, from what I can tell, their application/status for these terms were terminated on 9/10/2014.... http://www.trademarkia.com/gig-85168404.html http://www.trademarkia.com/gigs-85168396.html I know a fiverr clone site that had the term gig in his domain, and his site was deindexed, however this was a couple years ago, and it is not clear why the site got deindexed or if it had anything to do with the term "gig" in their domain, maybe it was because fiverr's application for the term "gig" was still pending? I am a bit confused, this info lookup appears to be some type of lawsuit filed and dismissed... Would I have any issues using "gig" in a domain?
My opinion is that Fiverr would never, ever win a court case for trademark infringement on the word "gig" because that word has been used for decades in the music industry and well before the Internet was even a concept in Bernier's mind. It would be like Firestone Tire trying to trademark the word "Tire." Just because they use it and apply a trademark insignia to it does not mean that they own it. So, the real question is would Fiverr go after you for using it (are you planning to play in their space?) They can hurt you just with the cost of litigation leading up to a verdict, but I believe that you would ultimately win and especially so if you were not directly competing with them.
Absolutely! I have no intention starting MusicGig.com I have noticed a few some popular sites that contain the word "gig" in the domain, and I would think they would have been on the radar by now, but it does not matter.... I will try something else even though every damn domain is registered by cyber whores, even whacked out domains that you never suspect being taken.... The govt should put an end to mass hoarding of domains....
Well, I certainly do not want to step on toes, but the last owner of the domain had said the site had become really popular, then in an instant, all indexes were gone, traffic was done, so I am not sure if this is something he did or if fiverr made a complaint to google concerning trademark violation. It does not matter, I think I found a good domain to use, it certainly is not going to be a brand like Fiverr or SeoClerks, but I think it will pull its weight in traffic if setup correctly, and I will not have to watch my back to see if I get hit by some trademark violation.... and I have a feeling that fiveer would report a site via google long before any court room, or even litigation, my guess, site would be gone before then if this is so how fiverr takes care of business, who knows.... fiverr probably has google on violation speed-dial.... Did they actually do this? I dunno...
Fiverr tries every time they get the cancellation notice to trademark the name. They will never do it, in fact if anything they are in violation as gig as stood for the music industry since time. I have a gig tonight. Do you understand. I had buyagig.com for a long time, they got me shut down 5 times, had my paypal account revoked three times, but each time I got a lawyer and go it back. If it wasn't for trying to keep up with the scammers, I would of kept the site. Here is my reasoning and proof. First off, you can not trademark a dictionary word. http://www.inta.org/TrademarkBasics/FactSheets/Pages/TrademarksvsGenericTermsFactSheet.aspx Secondly did you read the trademark on the links you sent. It says The current federal status of this trademark filing is CANCELLATION TERMINATED, they continue to try to get it trademarked but a dictionary word can not be trademarked, it is against the law, now for copyright information, this is a conversation I paid for with an attorney three years ago. If a word is copyrighted like gig or gigs can it be combined Resolved Question: If a word is copyrighted like gig or gigs can it be combined with a new word and used. Example, if gig is copyrighted by fiverr as it says at the bottom of their page, can it be combined with five and call it fivergig. Is the that treated as a new word even though it has the word gig in it..? Thanks Nick Submitted: 3 years ago. Category: Intellectual Property Law Share this conversation Expert: Law Professor replied 3 years ago. Can you clarify your question a little for me? You are looking at a word that is used as someone's trademark, to label their products? And you want to use a similar word to label your product or service? Customer: replied 3 years ago. HI, Fiverr.com has these words copyrighted... GIG®, GIGS®, Can I start a website with those words in the name by coining a new word. Example: if i use fivergig.com will I be in violatuion because GIG® in fivergig. what if I make up a word like gigogigs.com Am I in violation again because I have both of their words gig and gigs in the new word. Hope this clarified things a bit...lol Nick Expert: Law Professor replied 3 years ago. Got it. The company has them protected as registered trademarks, which means that you cannot use anything confusingly similar. They don't own the word "gig" and you certainly can use "gig" in your own trademark or name. But you can't choose something that is likely to confuse customers, and the closer you get the more likely you'll have grief from lawyers and courts. My advice is to choose something that your customers and theirs will clearly perceive as very, obviously different. Hope that helps. Good luck. Customer: replied 3 years ago. Oh I see... ok fivergig may be confusing a little because they have fiverr but in my opinion there is no way gigogigs.com can be confused for fiverr.com. Would I be safer with the latter. I feel I can definitly defend that in court... Expert: Law Professor replied 3 years ago. I agree that gigogig is safer than fivergig. Law Professor, Law Professor Category: Intellectual Property Law Satisfied Customers: 1105 Experience: Professor of Law at Top-Tier Law School, specializing in patent & copyright
In my view, Fiverr would never win a court case for trademark infringement on the word "gig" because that word has been used for decades in the music industry and well before. It would be like Firestone Tire trying to trademark the word "Tire." Just because they use it and apply a trademark insignia to it does not mean that they own it. So, the real question is would Fiverr go after you for using it. They can hurt you just with the cost of litigation leading up to a verdict, but I believe that you would ultimately win and especially so if you were not directly competing with them.