is freewebs a trademark?

Discussion in 'Legal Issues' started by newman06, Sep 28, 2006.

  1. #1
    is freewebs a trademark ( copyrighted )?
    if someone registers they domain name with another extension what will happen?
     
    newman06, Sep 28, 2006 IP
  2. Jasonb

    Jasonb Well-Known Member

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    #2
    umm... i really dont know there. I know of freewebs.com but.. uumm... I really coudnt tell you. Sorry
     
    Jasonb, Sep 28, 2006 IP
  3. danielbruzual

    danielbruzual Active Member

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    #3
    The answer to that question is not a simple one.

    I would say that you could use the term "freewebs" in your domain because it is made up of two words that can be found in the dictionary (words can't be trademarked).

    On the other hand I think you could get into trouble if you register a domain (such as freewebs.cc) and try to fool people into thinking you are associated with freewebs.com.
     
    danielbruzual, Sep 28, 2006 IP
  4. Pat Gael

    Pat Gael Banned

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    #4
    Pat Gael, Sep 28, 2006 IP
  5. DonKon

    DonKon Well-Known Member

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    #5
    I dont think a name like that can be trademarked? aren't those 2 terms to standard?
     
    DonKon, Sep 28, 2006 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Go to uspto.gov and see if the following are trademarked:

    apple

    caterpillar

    just do it

    Bottom line: any word can be filed and given trademark status if it passes the
    USPTO gauntlet. Or any trademark office in other parts of the globe.

    Trademarks arise from usage, not registration. So freewebs can try to show
    they have established trademark rights to the term for what they're known for
    and that's it.

    Will they bother to is another story.
     
    Dave Zan, Sep 29, 2006 IP
  7. DonKon

    DonKon Well-Known Member

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    #7
    I have searched apple and i was right, the word "apple" for example cannot be trademarked. Yes a graphic with the text "apple" can be on the other hand. Graphical trademarks are only secured graphically, which would allow me to use the word apple however i would like without infringment of any laws and rights.

    I have called up USPTO about something similar in the past, and was told the same.
     
    DonKon, Sep 29, 2006 IP
  8. newman06

    newman06 Peon

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    #8
    what about freewebs please ?
     
    newman06, Sep 29, 2006 IP
  9. DonKon

    DonKon Well-Known Member

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    #9
    DonKon, Sep 30, 2006 IP