no idea in domain trademark.. my question is if two domain vary with word s like indiabikers.com and indiabiker.com . if indiabikers.com is purchased domain before and after sometime someone purchased indiabiker.com ..both are dealing with indian biking is it against the domain copyright? assuming both word india and biker in domain is not a trademark of anyone
TM is only a brand already resisted domain and you not allow to use it like McDonald or KFC or something like that
I spoke with an attorney once because I was going to build a website for FICOMedic or something like that. I asked if I could do that. His response to me since FICO was already trademarked was: Yes you CAN register it and advertise it, BUT be prepared for a fight eventually and you will probably lose. The point is, you can register it. It just depends upon how big the brand is and how vigorously they may defend it etc. Is it worth it to you to get into that battle or would you be better off just using something else all together. BTW- FICO is one of the most aggressive companies to defend their brand. They spend millions on advertising for brand recognition every year and lets face it. If they didn't, I wouldn't have even been considering it for my domain.. so really they are certainly within their rights to no have me piggy back on their expenses. Hope this helps.
this means if the domain is no contact with any organisation business.anyone can own? here indiabiker is not related to any company and orgn.so i can own? @stuck thanks for your concern but actually i havent got what you told what is fico doing here?
searched here http://tess2.uspto.gov/ havent seen any trademark wird with indiabiker.. there were trademark word with india and biker ,india starplus, essence of india..inshort something mix with word india..but is this prevent using the word india? with word biker, happy biker and first biker..this prevent using the word biker? guide me
Thanks dave zan now i have searched all over internet i didnt findi word india and biker is a trademark of anyone..but i am not sure if anyone have some time plese enlight some thing regarding this word india and biker
You're fine. Honestly, if you worry so much about trademarks on something as generic as that, you're probably in the wrong business . Legal issues will likely only arise if you're including an established brand name in your domain, and even then they have to desire to enforce it. For example: "Amazon" google results: About 2,250,000,000 results (0.08 seconds) "IndiaBiker": About 12,200 results (0.23 seconds) clearly indicating there is no established brand. Even then, for there to be a trademark conflict, you would have to have an overlap in business area. In other words, it's not enough to have simply "India" and "Biker" in their name, if I recall correctly, you both have to be in similar businesses. Spend more time working on your site than worrying about trademarks .
But this is in the exact same business (motorcycles in India). However, the terms are pretty generic and purely descriptive and for those reasons he would probably be be okay using them.
Ah, good point! In that case, because there is no trademark on the name and likely never will be, the domain would be fair game (they should've registered it). Under ICANN's cybersquatting policy (UDRP), there's a three prong test: The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The registrant does not have any rights or legitimate interests in the domain name; and The registrant registered the domain name and is using it in "bad faith." It could be confusing, but there is no trademark of servicemark at play (#1) to wrongfully profit off of (#3)...so It's likely fine, and the cost would be like $2-3k. I doubt it would ever be sought.