I received a letter from cheatcodes.com regarding about my cheatcodeseeker.com - they said that iam using their trademark name. I would like to know whether my domain is really violate their (cheatcodes.com) name or not? so i registered gamecheatseeker.com and before using this name, i would like to know whether i violate any trademark on this name also? please help.
They do indeed have a registered trademark. On the surface, it would appear your domain name is infringement. While you might be able to argue that your usage is descriptive, I'm pretty sure you don't want to spend tens of thousands of dollars to keep the domain. Bottom line: They think it is infringement and might take you to court. Word Mark CHEAT CODE Goods and Services IC 041. US 100 101 107. G & S: Providing a website featuring video game cheats, video game information and news, game play strategies and frequently asked questions about video games. FIRST USE: 19961031. FIRST USE IN COMMERCE: 19961031 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77074309 Filing Date January 2, 2007 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition July 8, 2008 Registration Number 3503531 International Registration Number 0992570 Registration Date September 23, 2008 Owner (REGISTRANT) CheatCodes.com LLC. LIMITED LIABILITY COMPANY WASHINGTON P.O. Box 848 Maple Vallley WASHINGTON 98038 Type of Mark SERVICE MARK Register PRINCIPAL-2(F) Live/Dead Indicator LIVE Trademark infringement is often NOT a yes or no answer. The best thing to do would be to have an IP attorney advise you (and the content on your site i.e. usage is very important). IMO, you are a lot less likely to have problems with the gamecheat name.
how do i check , if the name is ok to use or not? by all means where do i check whether a domain name is trademark or not? thnks
You can search the uspto.gov site for registered marks, but trademarks do not have to be registered so - There is no easy way to check. A trademark search will generally run a few hundred dollars.
ttabvue. uspto. gov Cancellation Number: 92051770 Filing Date: 11/20/2009 Status: Pending Status Date: 11/20/2009 Serial #: 77074309 Application File Registration #: 3503531 Application Status: Cancellation Pending Mark: CHEAT CODE # Date History Text Due Date 3 11/24/2009 PENDING, INSTITUTED 2 11/24/2009 NOTICE AND TRIAL DATES SENT; ANSWER DUE: 01/03/2010 1 11/20/2009 FILED AND FEE
They might have overplayed their hand, a law firm filed papers to cancel their trademark. http://domainnamewire.com/2009/12/02/name-administration-challenges-cheat-code-trademark/
this is bulsh*t you can't trademark cheatcodes, that is a common phrase, they let everything slide at the trademark office as long as you pay your filing fee...
I would tend to agree. These are two common english words combined. How can that be trademarked? Can I trademark tastyfood?
Shell, Tide and Head and Shoulders are common english words for the mollusk, the waves and a person who's considered above the rest. Yet people load gas at Shell, use Tide to clean their clothes, and wash with Head and Shoulders. One can't use common words as trademarks for their descriptive meaning. But one can still use them distinctively like the examples above. The link that few-questions posted has a detailed explanation from one of the domain industry's expert lawyers what happened. They probably could've been granted if they've shown distinctive use for cheat code for something else like selling computer parts, but not for cheat codes for video games. Unfortunately for them, they crossed the wrong person.