using 123 prefix for single word dictionary domain

Discussion in 'Legal Issues' started by checkblog, Nov 15, 2009.

  1. #1
    Hello,

    Can we use 123 as a prefix for single word already trademarked dictionary domains?
    If yes, then what should be the terms we should keep in mind while using them?

    example-- 1 23people.com and people.com

    thanks
     
    checkblog, Nov 15, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Adding words or numbers to a trademark does not get around infringement.
     
    mjewel, Nov 15, 2009 IP
  3. checkblog

    checkblog Well-Known Member

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    #3
    Ok, then what should be terms we must folllow?
    Do they need to be different like people.com and 123people.com?
     
    checkblog, Nov 15, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    Don't use a trademark in your domain name. You CANNOT just add numbers or letters.
     
    mjewel, Nov 15, 2009 IP
  5. checkblog

    checkblog Well-Known Member

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    #5
    :O , you said two things...
    "Adding words or numbers to a trademark does not get around infringement."
    "Don't use a trademark in your domain name. You CANNOT just add numbers or letters."
    both are opposite.


    people.com is TM but still 123people.com is working.
     
    checkblog, Nov 15, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    1) They are NOT opposite, the meaning is the same.

    2) Usage can determine infringement, but adding words or numbers does not get around infringement - i.e. it can still be trademark infringement. A trademark holder "owns" the rights to use their trademark in a domain, for their particular usage. You can't just add some numbers to a trademark.

    3) 123Apple.com = Trademark infringement if you use the domain to sell computers, music, anything related to Apple, inc.

    123Apple.com != Infringement if used to sell "apple pies".

    4) Hire an intellectual property rights attorney to advise you on the exact domain you are thinking about using. Trademark law is complex and you can't use made up examples and expect to get a definitive answer.
     
    mjewel, Nov 15, 2009 IP
  7. checkblog

    checkblog Well-Known Member

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    #7
    Yeah, you are right. If we create a site on the similar subject, then it is a TM infringement.

    TM laws are too complex.

    Thanks buddy.
     
    checkblog, Nov 15, 2009 IP
  8. checkblog

    checkblog Well-Known Member

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    #8
    How much does it cost to get or register a trademark?
     
    checkblog, Nov 15, 2009 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    About $325 to register, but you should have a trademark search done first and that runs a few hundred dollars. You can file it yourself, but if you make a mistake in the application, it will be rejected and you have to pay again. An attorney will charge you around $1000 (give or take) to do everything. I wouldn't advise doing it yourself unless you absolutely know what you are doing. After you file, it takes about a year to be published, then others are free to object to your mark. There is a five year period if someone wants to cancel your mark, so after approximately 6 years from filing, you rights are uncontestable (except in cases of fraud).
     
    mjewel, Nov 15, 2009 IP