I had an ad campaign running for my myspace resource website. A couple of months ago my ads were disapproved because of 'myspace' in my ad. I changed myspace into 'my space', and my ads were approved again. I got an email (just now) that my ads were disapproved again because of a trademark issue 'my space' How can 'my space' be a trademark?
They obviously lost their minds at Google Adwords. Anyway, I've contacted AdWords support. I've checked the United States Patent and Trademark Office and there's no trademark for 'my space'.
Your problem is that MySpace is trademarked and there is likely to be confusion between "my space" and MySpace*. As long as there is nothing on your site that has to do with MySpace, you should be fine. However, you can't simply put a space in a trademarked name and assume that's OK if what you are really doing is trying to earn money off their trademark (which it sounds like you are). * In the U.S. the "liklihood of confusion" is one of the tests of trademark infringement. http://en.wikipedia.org/wiki/United_States_trademark_law#Judging_the_likelihood_of_confusion
dude trademarks are stupid, I am having problems atm with a multi national company and one of my domains in my portfolio which uses a slang term they now they they own a bunch of works relating to this main word. I can see people trying to trademark names like James in the future then suing every one with James in their domain. I think companies should be aloud to trade mark their business name but when they start trademarking a bunch of other similar terms it gets very annoying.
It's easy to say that when one doesn't fully understand how this goes. Then again, people generally don't care until they either take notice or it happens to them. Hopefully you won't have to learn the hard way.
read what i stated: trade marks are stupid... "yet I think companies should be aloud to trade mark their business name" when companies try to trade mark the word GREEN for example then this is boarderline stupid imo...any one with green in their business name in the same niche is then under target. Unfair....I think so
Thats really stupid. Trademark infringement should only come into effect when its being mis-used not if its being just used. I hope u understand.
But of course companies should be allowed to use their business names as a trademark. Everyone has that privilege. But when one seeks to establish trademark rights for a term, they inherit the responsibility of protecting and enforcing that or risk losing it. Any word can be used as a trademark, actually, but the bigger question is how to enforce it. Rather than feeling "bitter" or what-not merely because of a bad experience, do some reading on the subject. Learn about it a little more...if you're up to it anyway. One day, you might find yourself in the opposite side of the fence. Then you'll know how they feel. BTW, you're potentially committing 3 other "cases" of trademark infringement. Care to help me understand that?