Nintento Wii Trademarked Term Domain

Discussion in 'Legal Issues' started by Leased Staff Solutions, Sep 16, 2006.

  1. #1
    I own PlayingIsBelieving.com, a slogan trademarked by Nintendo for their Nintendo Wii system. Is the domain pretty much worthless because of the trademark issue? Any point in developing it?


    Thanks,
    Jessica
     
    Leased Staff Solutions, Sep 16, 2006 IP
  2. sterlingpixel

    sterlingpixel Peon

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    #2
    Did you get it before nintendo trademarked it?
    Personally i'd develop it
     
    sterlingpixel, Sep 16, 2006 IP
  3. KenJay

    KenJay Peon

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    #3
    As long as you owned it before the trade mark. You may be ok and do not make it a nintendo site.

    To stop you there is three or four things they need to prove

    1. Rights in the Mark-Trademark
    2. Identical or confusingly similar
    3. Rights or legitimate interest
    4. Bad faith Registration and or Website for Gain from registration

    It is very easy to get domain name if you have an attorney $500-$3000 and own trademark before domain registration in question.

    Hope this helps.
     
    KenJay, Sep 17, 2006 IP
  4. Leased Staff Solutions

    Leased Staff Solutions Peon

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    #4
    Unfortunately I picked it up after the trademark was issued. I wasn't thinking about the trademark issue at the time -- not too smart!

    Thanks for the replies, it is appreciated.
     
    Leased Staff Solutions, Sep 20, 2006 IP
  5. slinky

    slinky Banned

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    #5
    Not at all. As was stated earlier, one big factor in whether you can use the name is "likelihood of confusion." If you are talking about playing the field of hot chickie babies that live in LA, then nobody will confuse you as playing video games, e.g. Nintendo. There is no likelihood of confusion as to the source of the site/goods/service.
     
    slinky, Sep 21, 2006 IP
  6. Seiya

    Seiya Peon

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    #6
    Yeah develop it into something else.. then if they want it they wont be able to just take it.. they will have to pay you :)
     
    Seiya, Sep 21, 2006 IP