Can Local.com trademark "local"?

I thought it would be interesting to know if these short generic words
sites such as local.com can trademark "local". You would think not, but I have
seen cases where one would think they could not do it, and I have seen
generic words trademarked or protected because of uncommon use....
However, I would think the term local is very common use....

I see other domains do have the term "local"

ReachLocal.com
GetPriceLocal.com

I also ran across a url "LocalADS.com" and found that
it was redirected, maybe it was just a name change,
or was they told they could not use LocalAds.com
because of the term "local" being in the domain...?

What do you guys think?

http://www.trademarkia.com/localcom-85125594.html
not really sure what it means....

 

Well, they are actually trademarking "local.com" not "local" so that is a bit different. However, anyone can try to trademark anything. Whether it will stand up in court, is another issue, of course. If the trademarker has deep pockets and can afford a team of lawyers to go after anyone trying to "infringe" said trademark, they will likely win well before the case ever goes to court because most of these cases do not go to court because one of the participants runs out of legal funds or the desire to continue the long, expensive struggle and gives up. So, in this case, it comes down to what entity is trademarking the term. Is it someone who got lucky to get the domain and is working out of his garage on a shoestring? Or is it a billion-dollar, multinational corporation?

 

I noticed that too. I thought it was odd that they would trademark "local.com"
why in the world would you trade mark a domain only you would have access to anyway?
I did not think you can trademark urls, even though the trademark is clearly the URL....
I did notice other types of trademarks on "local" such as Local Foods, Local Bar & Grill
Local Ad Listings, etc...so maybe it will be safe to use "local" in a domain, even though they
have a lot of money, it is not like "local" is the same as some actual brand, as with the
another post said Linkedin went after someone for having Linkedin.xx or something like that...
and this I would completely understand but using local would seem so generic....
Just to make sure; I will make a post on Avvo also and see what they say....

At the end of the day, if they want the domain, then they best take it...
Because if it makes money, then I will fight to keep it, otherwise, I
would just give it back, and go back to sleep, even though, it will simply
upset me more if it starts making money, then I may have to fight...
of course, I would rather not have too, not over some common word like "Local"....

Thanks

 

This is the exact issue that is most worrisome, in my opinion. When you start a business with a potentially infringing trademark, no one will notice. However, if you put in a lot of time, effort and money to make the business grow and become more successful, that is when the "infringed" party will have you pop up on their radar screen. So, just as things start to come to fruition for your new business, a legal shot across the bow will come and you will be distracted and possibly consumed by an expensive and lengthy legal battle. In this case, I think that using "local" in a domain name is pretty widespread, already, so there is less of a chance that local.com (or one of the other companies with a similar name) will come after you. But, it is still a risk.

 

and that is why I am taking that extra step to post the exact
legal question on Avvo. If one or more atty come back and
say let it go or you will die from financial death in the future,
then I would certainly take that advice, and go back to bed....
however, if they end up saying all is good, and their advice
turns out the death squad, then it will not be a good day...
but like you said, wont know until it is on radar...

So it is important they know what they are talking about...
I posted that exact link also, so they cant say they did not have
all the info that pertains, it is sitting right in front of them....
If anyone knows the laws, then I would think it would be those at Avvo...

6 hours, no response as of yet...

and your right, my plans are very expensive....
$5k probably wont be enough for full site operation....
So this is why I have to check, and check again if I have too...
(before I start bouncing the ball....)

 

Facebook tried to trademark the word "book" to prevent others from using "book" in a domain name. It is absurd when companies try to trademark generic words, but the dirty pigs will try anything to hurt the little guy if they can. As jrbiz says, just because a company does get a trademark that does not mean it will stand up in court.

In no way should you be concerned about using the word "local". Go ahead and use it.

 

The atty that I spoke with said very clearly not too. It is simple, if you have a business that contains
local, then you are good if it has nothing to do with the company that has the trademark. Since local.com
is an online business, then it would simply conflict if it was in my domain in what would be a similar business.
unfor, it can cost $1000's to invest, and to take that risk, then try to fight a multi-million dollar company....
Who do you think is going to lose first, even if they as much fart in my general direction?

If I had a business called:
Local Grocery Store
(There is no conflict)

If I had a business called:
xzyLocalClassifieds.com
(This could be seen as a trademark violation)

Even if you think they would never win....
Do you have the cash flow to go up against a giant?

and yes, I should be concerned, a lot of work, money,
time, effort goes down the tube if they do decide to make
something of it, even if it is a few years down the road...

 

First step in a domain name dispute is an email requesting that you surrender the domain. If that fails, the second step is WIPO arbitration where the loser pays a fee (it used to be $1,500). Third step is court. You can go as far as you want, with the first step costing you no more than the domain registration cost. That's how much "cash flow" you would need to settle the complaint: the cost of the domain registration you would lose when you surrender the domain name.

Sorry, but if some attorney is telling you that nobody can ever use the word "local" in a domain name ever again, he/she is wrong. elocal.com is in the same business directory listing service as local.com is. As is localpages.com. As is ezlocal.com. As is localstore.net. There are more.

How come they are all competitors of "local.com" and using the word "local" in their domain name and they are not concerned about bunk trademark complaints but you are? How many competing websites have the word "coupon" in them and their domain names?

Local is not a word invented by local.com. Something like "whatsapp", you could not use that as it is an invented word, a unique brand name.

You do what you want. If you want to live in fear of trademark disputes that are unrealistic, then you go ahead and do that. Nobody else is.

 

I simply told you what the attorney said...You can have local in a domain if it does not
conflict with their business model, for instance...

LocalGroceryStore.com
(would be fine)

LocalClassifieds.com
(conflict with their business model, internet, classifieds, etc...)

If you want to risk 1000's of your dollars in a business when there is that
much risk involved, then go for it...When you are settled, you maybe making
money, then one day you get that letter saying they want what have...

It is a fact they do have a trademark....Will they sue, maybe, maybe not...

I have also emailed them directly, however,
I may not get a response until next week....

 

And "alllocal.com" is trademarked as well. So what? I gave you examples of others using "local" in their domain and website names that are in the same business directory field as local.com. The word "local" is not trademarked, and if it was it would not hold up in court. The domain name "local.com" is trademarked. Other domains using "local" are not infringing on it even if they are in the same field. If they were infringing and local.com had any legal rights, they would have shut the others down already. Makes sense, right? How come they haven't been shut down?

And what are you going to spend thousands of dollars on? Developing your site? Or marketing it? Because you do not lose your code in a trademark dispute.

How much did you pay for your legal advice, anyway? Because if you are relying on the free advice on avvo, you got what you paid for. (I noticed many advising you to "consult" an attorney, which means big bucks for somebody if you actually do. Lawyers are greedy, slimy pigs.)

If that is the standard you are going to use and if you are going to follow garbage legal advice, then you will never be able to use a common word in any domain name because somebody will probably already have a trademark containing that word.

I guess every website using the word "coupon" in their domain name should shut down if they offer coupons because there is a trademark on coupons.com... Right?

 

@billzo why are you so angry? not just on Avvo, I am listening to others also.
You are the only one that wants to steam roll right on through without any precautions....

 

One question: if nobody else can ever use the word "local" in a domain name about a local business directory service, how come other people are doing it? And have been doing it for 15 years?

You can do whatever you want. I think it is silly for someone to not do what they want to do for fear of something that is not true.

If you can find a brandable name that does not include the word "local" and is not trademarked by anyone in else in that niche, then go for it.

 

This mirrors what I had posted above. I will emphasize, however, that the "infringed" company just about always will wait until you have invested a ton of time, effort, and money to build the business before bringing in their legal guns. It just seems to work that way, in my experience.

 

I can only imagine what others feel when they put a ton of time, effort, and money into a domain/site just to
watch it slip away down the road. 3 other atty's have jumped in and pretty much said the same thing, and one
said I would have an uphill battle because using trademark "local" in my domain coincides with their business
model, and it could be seen as If I was attempting to confuse people going to local.com - If I were already a power
house, then that could be another story. It does not matter if I win or lose; I would run out of money long before they give up.
and I am not sure why other similar sites are allowed to continue using "local" such as localpages.com
But who is to say that "local" is not keeping an eye on them? How do you know that Local.com does not own
localpages? I do not know because localpages.com has privacy. Do you know who owns LocalPages.com?

If local.com responds and says there are no concerns or issues,
then I will be fine with that and continue forward....

I do not think anyone with common sense would continue forward, unless
you are in another country, and have no worries about getting sued in the future...
in that case, then I guess you would be fine to move forward....

 

The first step in a trademark dispute is to request that the domain name be surrendered. That's it. Your code, your content, everything else is still yours and you could put it on another domain name. If that were to happen--and it will not. So no, you are not "going to lose thousands of dollars". The only thing you would be out is a domain name. There is no cost to stop using a domain or to push it to another owner.

I know that local.com does not own the other websites because I looked up the ownership before I responded to you earlier. And the other sites can use the word "local" in their similar website domain names because they are not doing anything wrong nor are they infringing on a trademark. No more than someone using the word "coupons" in a coupon website domain name is infringing on "coupons.com" which is a registered trademark. There are hundreds of websites using "coupon" or "coupons" in the domain name. Not a single one of them has been shut down by "coupons.com" and never will be.

Why would you even bother to ask them? What do you think they are going to say? "Okay, go ahead and compete with us because we love to have people take our business."?

You are wrong. Domain name trademarks disputes are internationally enforced.

wipo.int/portal/en/index.html
icann.org/resources/pages/help/dndr/udrp-en

One last time: You don't get sued for using a trademarked name. The first step is you would receive an email asking you to stop using it or surrender it. If you refuse, then it could escalate to arbitration or later to a court hearing. But that is only if you fought it, which you don't have to do.

Every single one of those "attorneys" on avvo is trying to hustle business. Every one of them is suggesting that you "talk to an attorney". If the answer is so clear-cut as they say it is, you would have no need to talk to a lawyer because they just gave you your answer. But if you would "talk to an attorney" about this, you'd probably get a bill exceeding $1,000. So how's that "you should speak to an attorney" for advice?

Lawyers are greedy, slimy pigs. Their responses on avvo should indicate to you they are trying to do nothing more than maybe get your business. No self-respecting person would charge $350 an hour or higher to answer a simple question. Look at how many people help others here on DigitalPoint or other such websites and not charging for it.

 

ok

good-luck...