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DigitalPoint With some other extension

Discussion in 'Legal Issues' started by Freelance GD, Jan 18, 2008.

  1. Valve-Hosting

    Valve-Hosting Peon

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    #21
    Valve-Hosting, Jan 19, 2008 IP
  2. sundaybrew

    sundaybrew Numerati

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    #22
    Ahh yes, The UK may have a different set of rules,

    I know that brwtown and I are in USA .
     
    sundaybrew, Jan 19, 2008 IP
  3. aceonline

    aceonline Peon

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    #23
    Well personally i dont think that using digitalpoint.extension is a good idea.

    I have a few questions to ask you.
    1. Why use the same trademark? if you are inspired my dp that much why not use another domain?
    2. If not above , are you thinking that you would get traffic by mistypes ??

    Ace.
     
    aceonline, Jan 19, 2008 IP
    Freelance GD likes this.
  4. browntwn

    browntwn Illustrious Member

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    #24
    First, the term is hearsay, not heresay - and regardless of the spelling it is not hearsay.

    Anyway, I will try and do your homework for you, not really sure why...

    The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.

    Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

    Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) . . . These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

    Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.


    See common law trademark above, where rights arise from actual use of a mark in commerce.

    This one was my opinion, so it has no source. Your accusation of my post was without merit. This is basic basic stuff, all cover on the US government faq on trademarks. If you question then information I provide, don't use it. You should always do your own research anyway.
     
    browntwn, Jan 19, 2008 IP
  5. Soccerplayur012

    Soccerplayur012 Peon

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    #25
    Just listed to brown.
     
    Soccerplayur012, Jan 19, 2008 IP
  6. Valve-Hosting

    Valve-Hosting Peon

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    #26
    Any statement without a citation, without some kind of actual grounding is hearsay. You may have a huge rep count but you act like a six year old.

    Picking up on simple spelling mistakes is childish and pathetic as is your absolute indefernce to the fact that I live in the UK and the laws here differ.

    It wasn't an accusation just a point that I made. If you read through my laters posts you'll see that I actually found the answer by myself and I was correct in assuming that a self pro-claimed TM in the UK was as worthless (as it has no legal protection) your quite bad hearted reply.

    Thanks
     
    Valve-Hosting, Jan 19, 2008 IP
  7. sundaybrew

    sundaybrew Numerati

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    #27

    See brwtown, Its comments like this that make you NOT want to help people...

    @ VALVE - COME ON dude,........ He just gave you a shit load of info and then you call him a baby?
     
    sundaybrew, Jan 19, 2008 IP
  8. browntwn

    browntwn Illustrious Member

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    #28
    Being the first to use a mark in commerce is all that is needed to create trademark rights in a name. I would think you have trademark rights in the name "Sundaybrew" as you seem to being using it is commerce and I am not aware of anyone using it before you - but that would be the main concern.

    You can put a â„¢ next to each instance of the name, that would clearly indicate to others that you are claiming rights in the name - but it is not required. You can apply for federal registration anytime. That would give you certain additional protections after some time.

    I have several common law trademarks but I have not taken the time or spent the money to register them. I might, so I have something more concrete to sell, should I chose to sell some of my sites.

    Feel free to PM me if you have a specific question.
     
    browntwn, Jan 19, 2008 IP
  9. Valve-Hosting

    Valve-Hosting Peon

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    #29
    No not at all. he said he was 'doing my homework' and picked up on a spelling mistake, it was quite a hostile post, so i felt anyway.

    Maybe I misunderstood and I wasn't actually being patronized for simply asking for the proof. I did actually state that I hoped it was true.
     
    Valve-Hosting, Jan 19, 2008 IP
  10. sundaybrew

    sundaybrew Numerati

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    #30
    He was doing your homework?

    He did the research and got the answer for you right?

    BTW - aren't we jacking the op's thread?

    Ouch ...Sorry OP. at least you got some good info thou :)


    Aha !

    Thanks for the answer!
     
    sundaybrew, Jan 19, 2008 IP
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  11. Valve-Hosting

    Valve-Hosting Peon

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    #31
    Yes, sorry OP. Nope, he got the info. for his country, i'd already stated I live in the UK and posted the info. that i'd found for anyone else who was interested.

    Anyway, let's just leave this now. As I see it, I was misunderstood and mistakenly patronized, we've realized that it was just a misunderstanding and we've moved on while providing all the relevant info. for both US and UK.
     
    Valve-Hosting, Jan 19, 2008 IP
    Freelance GD and browntwn like this.
  12. browntwn

    browntwn Illustrious Member

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    #32
    This was a thread about DigitalPoint, a US company, which would be suing under US law. The laws I cited apply to you as well if you wish to take advantage of them.

    Do I have to be a U.S. Citizen to obtain a federal registration?

    No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
     
    browntwn, Jan 19, 2008 IP
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  13. Freelance GD

    Freelance GD Well-Known Member

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    #33
    Thank you all for replying in the thread. Specially browntwn for loads of information.

    I have also found something related to the issue:

    I. Trademark Law and the Internet

    The increase in Internet activity has spawned interest in using trademarks on Web sites, as well as registering trademarks as domain names. With the push for branding on the Internet, legal issues – a step behind technology – arise out of disputed trademark uses on the Internet.

    A. Infringement Issues

    1. Consumer Confusion

    a. Courts will usually prohibit trademark uses where consumers are likely to be confused because two marks are similar and used in the same channels of trade. See Playboy Enter. v. Calvin Designer Label, 985 F. Supp. 1218 (N.D. Cal. 1997).
    b. Even when marks are not used in the same channel of trade, courts may restrict the use of similar marks in the Internet arena because "with respect to Internet service, even services that are not identical [but which do use similar trademarks] are capable of confusing the public." GoTo.com, Inc. v. Walt Disney Co., 202 F.3d 1199 (9th Cir. 2000) (finding that Disney’s "Go Nework" logo infringed the plaintiff’s "GoTo" Web site logo). Disney agreed to pay $21.5 million to settle this lawsuit.(1)

    2. Criticism


    In Bally Total Fitness Holding Corp. v. Faber, 29 F. Supp.2d 1161, 50 U.S.P.Q. 2d (BNA) 1840 (C.D. Cal. 1998), the defendant used Bally’s trademark in a Web site entitled "Bally sucks," which criticized the service at Bally’s fitness centers. The District Court dismissed Bally’s suit because the defendant’s use of Bally’s mark did not create a likelihood of confusion or otherwise constitute trademark infringement or dilution. See Compupix.com/ballysucks/index.htm.


    I think the main issue is the same kind of business, I am planning to do. I have decided not to go with digitalpoint.extension :( but no worries, I have found something more cool then that ;)

    Again thank you all for clearing things up. The only ground I think I failed to pass is Consumer's/ Visitor's Confusion.

    ~F-GD
     
    Freelance GD, Jan 19, 2008 IP
  14. jezzz

    jezzz Notable Member

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    #34
    Yes! it also verified that same identical site cannot created using diff. extensions
     
    jezzz, Jan 20, 2008 IP
  15. agree

    agree Active Member

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    #35
    i personally dont think you will be banned! thats just wrong! well if you copy the whole forum then its illegal but other than that i think you will be fine! :)
     
    agree, Jan 20, 2008 IP
  16. Nora

    Nora Well-Known Member

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    #36
    Very bad idea.. its probably illegal and if you manage to get away with it its really lame to register a domain with the name of a popular existing website, nobody will respect you.. why don't you try to come up with an original name? :)
     
    Nora, Jan 21, 2008 IP
  17. Freelance GD

    Freelance GD Well-Known Member

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    #37
    I have selected a unique name and also registered that ;)

    Thank you Nora :)
     
    Freelance GD, Jan 24, 2008 IP
  18. jezzz

    jezzz Notable Member

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    #38
    Hmmm! looks bold decision after viewing up so many replys :) of DP People
     
    jezzz, Jan 29, 2008 IP
  19. TheVccMatey

    TheVccMatey Peon

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    #39
    Bad idea actually. They will not allow it I'm afraid
     
    TheVccMatey, Jan 29, 2008 IP
  20. Nestrer

    Nestrer Well-Known Member

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