I didn't know where to put this, or what title it should be... I have a domain (www.windowsblackcomb.com) which I brought thinking I could sell it for loads... That was a couple months ago. Then I recently though... Ah s*** copyright. So should I get rid of this domain ASAP? Or is it actually worth somthing?
It's about trademarks. Did Microsoft trademark the term "Windows Blackcomb"? I don't know, you could try to find out. If it is then that would be a bad thing, but if not, both the words windows and blackcomb are common and then there should be no issue.
Yes, its copyrighted, just sell it as soon as possible, because sooner or later you will get into trouble or totally messed up.
No, it's not "copywritten." Geeze people. As elfsites said, if anything, it would be a trademark issue and not a copyright issue. The word "windows" by itself can certainly be used in domains, as it's a generic term, as long as it's not used in any way that could be tied to MS (you'll need to find out about the full term), competing with them, profiting from their reputation, etc. For example, "windows-vista.com" would be trademark violation whereas "washingwindows.com" would not be a violation if a window washing company set up a site there.
Does MS's registration of the TM pre-date your registration of June 9th this year? Methinks, yes. So, depending on what you do with it you might be politely ordered (cue sound of a cocking 12-gauge) to relinquish it. But who knows? I doubt we have recently entered a new era where the actions of corporate lawyers are rational
They usually buy domains before trademarking to related products. If this guy has this unique domain then he can sell to microsoft if microsoft has product related to windows blackcomb
Windows Blackcomb is/was (I am not sure which there are debates... ) the codename for the next Microsoft OS. Is there a way of finding out if it is TMed?
Yep, but if it is, they will find out and then sue me or something... And thats no good in a Exam year
There are ways to keep them from suing you. If you ask the MS lawyers and they tell you that the term is trademarked, you tell them that you registered the domain without knowledge of the trademark and let them know that you're not interested in violating their trademark and are willing to transfer them the name to them for free... I did a USPTO search, but they haven't registered the name. Sadly, that doesn't preclude them from claiming a common law trademark in the term. All that they have to have done is to have used the name in commerce, which apparently they have, since you knew about it... If I were you, I'd drop the URL... Just my $.02... Deena __________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
You can go to the U.S. Trademark Office's website and search for the trademark yourself. Oh, now I see that DeenaEsq already did that. If the term happens to be trademarked, you can still use the domain if you're not planning on competing with Windows (e.g. using the website to sell an operating system) or cybersquatting. Your best best is always to contact an attorney to find out your rights.