Can we use that name or not?

Discussion in 'Legal Issues' started by Sander, Aug 10, 2007.

  1. #1
    Hello i got confused today when i did a search for "mmocenter.com" on google
    It seems that there WAS or is a game dev company by that name.
    Im not really sure if it is or not, i cannot find anything that really helps.
    Then i did a domain name check for "mmocenter.com" it said it has been taken by a company that sells domain names for higher prices.

    Anyway, im a member of a team that is creating "www.mmo-center.com"
    We have to open the website this month and now we are not really sure if we should change the name or not? (bad option)

    Questions:

    1. Does it even matter if there is a company by that name?
    2. Is there a way to find out?
    3. Should i buy www.mmocenter.com from a website that holds it right now?

    Thanks for help.
     
    Sander, Aug 10, 2007 IP
  2. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #2
    The following post assumes you live in the US and is based on US trademark law.

    1. Yes, it does matter. Since mmocenter.com used the name in commerce, they are automatically entitled to a trademark.Registered trademarks expire 2 years after not being used. I don't know how the expiration of nonregistered trademarks work. Since the domain was abandoned, any right to a trademark was also abandoned. If your website is different in subject from that of mmocenter.com, than you could go ahead and use the name.

    2. There was a company by that name. I used archive.org to find out.
    http://web.archive.org/web/20060428045628/www.mmocenter.com/v2/

    3. I did a WHOIS lookup on the name and found that it is owned by Rapid Reality, which is a gaming company. It is not owned by a domain reseller. I would buy it if you can get it for a fair price. I think it's a better than than mmo-center.com because it doesn't have the dash.

    If you don't live in the US, then I think you be safe to use the name. If you do live in the US, then I still think you'll be safe using the name so long as you aren't offering the same services mmocenter.com did. If you are, then get a different name, though I doubt a closed company would sue you for such a trivial matter.
     
    Sleepy_Sentry, Aug 11, 2007 IP
  3. Sander

    Sander Peon

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    #3
    Hi and thanks for the reply!

    I live in Estonia which is a country in Europe.
    Our website is to find information about MMO games.
    I think that company last existed in 2005 or 2006.
    Would you change the name to MMOCenter?

    Sander

    edit: i found this "...sedo.com/shop/?domain=mmocenter.com&productid=1100&tracked=1&partnerid=27607&language=us"
     
    Sander, Aug 11, 2007 IP
  4. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #4
    Don't buy that service from Sedo! You are only paying someone $69 to help you negotiate to buy the name, if the owner is even willing to sell it.

    I think you are safe to use the name MMOCenter because you live in Estonia. I highly doubt someone would go through all the trouble to pursue you there.
     
    Sleepy_Sentry, Aug 11, 2007 IP
  5. Sander

    Sander Peon

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    #5
    Yeah i was thinking the same thing.
    They probably wont even find Estonia on the map haah.
     
    Sander, Aug 11, 2007 IP
  6. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #6
    Isn't it by Lithuania on the Baltic Sea?
     
    Sleepy_Sentry, Aug 11, 2007 IP
  7. Sander

    Sander Peon

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    #7
    Yes it is but ALOT of people don't know where it is.

    edit: actually its Lithuania then Latvia and then us.
     
    Sander, Aug 11, 2007 IP
  8. pozmu

    pozmu Active Member

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    #8
    For MMO Center can't be trademark. These are just two common words that you can find in dictionary (MMO is abbreviation - massive multiplayer online).
     
    pozmu, Aug 12, 2007 IP
  9. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #9
    I don't think that is so. Though "MMO" and "Center" are unique by themselves, when put together they make up a unique title. You couldn't trademark the names separately, but you probably could together as a single title.
     
    Sleepy_Sentry, Aug 12, 2007 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    Is Microsoft not a trademark then since it consists of two common words?

    Whether a term is generic or not depends on how it's going to be used.
     
    Dave Zan, Aug 12, 2007 IP
  11. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #11
    Right you are. Another good example would be Dream Host. Their name is made of two common words, yet they still have a trademark.
     
    Sleepy_Sentry, Aug 12, 2007 IP
  12. Sander

    Sander Peon

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    #12
    hmm i found this.. pretty funny.
    http://mmo-center.com.ar/
     
    Sander, Aug 16, 2007 IP