This may apply: How can you trademark words in the dictionary? It all depends on how close the trademark owner's products are to the dictionary definition. For example, apples (the fruit) do not have anything to do with computers, so Apple is a distinctive, strong mark for computer products and services, identifying one unique source of those products and services. The mark Apple would be a little less strong, but still protectable for the hypothetical company, Apple Healthcare because there is a logical association between apples and health (the saying "an apple a day keeps the doctor away"). Since the word "apple" does not directly describe health care services, it can still identify one unique source of those services. No fruit grower, however, could claim exclusive trademark rights in the name "apple" for its fruit. "Apple" is a generic term in that industry and is not protectable as a trademark. It does not identify any unique source of the fruit. For this reason, no one apple grower can trademark the word "apple" and prevent competitors and other members of the industry from using it in their company and product names.
exactly, good points. I have looked at the about.com website and it is plagued with ads and not particularly useful. I think commonsense dictates that this is a word that cant be trademarked. About.com is about many different subjects, religion, travel, computers, so supposedly if about.com was trademarked, they can trademark it for any subject! besides I have done searches and many travel sites are using "about" www.travelaboutbali.com www.travelaboutnh.com www.itravelabout.com www.travelabout.net www.travelabout.com.au so I think Ill go ahead and make the site
It is not a matter of opinion - it's a fact - about.com is a Federally Registered trademark. They actually hold at least 4 different trademark classifications. The five year period has passed since they trademarked it, so it is uncontestable. Registration numbers: 3363403 2716901 2714844 2348472 It doesn't mean that no one can ever use "about" as a part of a domain name, it means they have protected rights in specific classifications and there are restrictions - often a grey area. They are a large enough company that they could sue someone and cause you to run up legal fees of hundreds of thousands of dollars. Millions is not unheard of. If you lost, you could be forced to pay treble their costs. There are thousands of uses of "about" as part of a domain name that wouldn't be infringement, but there are also domain names that would be infringement.
And can common sense explain why about.com has 4 federal registrations at the USPTO as mjewel posted here, considering they're prima facie evidence of a mark having acquired distinctivness? I don't know how common sense can possibly argue against fact. One may develop the domain name into something. Just try to make sure that you're not possibly confusing users with someone's trademark.
have you ever heard about a case: CNN and CNNEWS EFF "CNN v. CNnews" Archive and http://pub.bna.com/eclr/002022.htm