Hi! I was curious about a few things. Is a domain name with wow (world of warcraft) in it's name, f.e. www.wowgoodies.com selling world of warcraft merchandise wrong, because of trademark? And how about skinnyjeans in your domain name, f.e. theskinnyjeansshop.com, is that against the law because of trademark? Where can i find answers to this or can someone look it up? I hope someone knows! Thanks!
yep, 4 ex. www.[B]google[/B]goodies.com would be trade mared because of the bit i bolded. anything like the trade mark, just dont purchace
When you are using a trademark in your domain name, and the content of the site is related to the trademark holders business - there is a high probability it is infringement.... certainly if it could create consumer confusion. An example might be: applestuff.xxx - sites content is about ipods = trademark infringement. applestuff.xxx - sites content is making apple pies = not trademark infringement. wowgoodies.com - site is about world of warcraft merchandise = possible trademark infringement. wowgoodies.com - site is about new electronic gadgets not related to the game = not infringement. The content on the site is often what determines infringement. Both examples you gave would be trademark infringement. Use your common sense and you'll avoid most problems. If you are putting a trademark in your domain to ride the goodwill established by someone else, it is likely infringement. Trademarks do not need to be registered to establish rights, so if someone else was using the trademark before you, and in a similar manner, you should stay away from it.
A trademark is created when someone coins a term or utilizes words in a certain way and declares them to be TM. They can they pursue other uses who use the words in the same "class". Pursue in court I mean. A registered TM is one where about 30 months worth of expense and effort has gone into getting the government to certify that they are in fact the owner of said trademark in the "class" they filed under. This makes the court cases a lot easier to win. I have used the word "class" twice so I should explain what it means. This example is from memory so take it as an example and not 100% fact. If you search the online trademark office you will find that Dove is a registered TM for a company that makes soap and it is also a Trademark for a company that makes snack food. They each can legally use and own the trademark because each is in a different "class". Now if you want to read more until your eyes water and burn just go here, then click on the trademarks button and have at it.
If they detect that you use their trademark in order to earn money, you are in a big trouble I think It will be appliad on acronyms too If you use a trademark acroynm to use money without having right ot it..
Word Mark WOW Goods and Services IC 041. US 100 101 107. G & S: ENTERTAINMENT SERVICES, NAMELY, PROVIDING ON-LINE COMPUTER AND VIDEO GAMES, TIPS AND STRATEGIES FOR COMPUTER GAMES; ARRANGING AND CONDUCTING COMPUTER GAME COMPETITIONS Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 78518928 Filing Date November 17, 2004 Current Filing Basis 1B Original Filing Basis 1B Published for Opposition September 23, 2008 Owner (APPLICANT) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 6060 CENTER DRIVE 5TH FLOOR LOS ANGELES CALIFORNIA 90045 Assignment Recorded ASSIGNMENT RECORDED Attorney of Record Rod A. Riogle Type of Mark SERVICE MARK Register: PRINCIPAL Live/Dead Indicator: LIVE and Word Mark WOW Goods and Services IC 009. US 021 023 026 036 038. G & S: computer game software for an on-line role-playing game; entertainment computer software in the nature of a game capable of being played on a personal computer, television gaming system, portable gaming system, global computer network, cellular telephone, personal digital assistant or wireless communication device; pre-recorded audio cassette tapes, DVDs and CD-ROMs featuring musical scores and dialog Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 78518924 Filing Date November 17, 2004 Current Filing Basis 1B Original Filing Basis 1B Owner (APPLICANT) BLIZZARD ENTERTAINMENT, INC. CORPORATION DELAWARE 6060 CENTER DRIVE 5TH FLOOR LOS ANGELES CALIFORNIA 90045 Assignment Recorded ASSIGNMENT RECORDED Attorney of Record Rod A. Rigole Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE
ok thanks ColByt get the point on WOW. Have a question about skinny jeans still. SkinnyJeans.com has an trademark on skinnyjeans. Do they have the trademark only for the brand SkinnyJeans or also for "class" skinny jeans? I want to buy www.skinnyjeansshop.com and am planning to make an skinny jeans store of course. But then an overall skinny jeans store and not just the brand skinnyjeans. I shall look the trademarks up and post them here.
Word Mark SKINNYJEANS Goods and Services IC 025. US 022 039. G & S: Women's slimming blue jeans. FIRST USE: 20050215. FIRST USE IN COMMERCE: 20050803 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 78616302 Filing Date April 25, 2005 Current Filing Basis 1A Original Filing Basis 1B Published for Opposition September 13, 2005 Registration Number 3160762 Registration Date October 17, 2006 Owner (REGISTRANT) Hart, Catherine R. INDIVIDUAL UNITED STATES 3B 26 East 63rd New York NEW YORK 10021 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE and Word Mark HELLO! SKINNYJEANS Goods and Services IC 025. US 022 039. G & S: Jeans. FIRST USE: 20050413. FIRST USE IN COMMERCE: 20060213 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77236737 Filing Date July 24, 2007 Current Filing Basis 1A Original Filing Basis 1A Owner (APPLICANT) CATHERINE HART INDIVIDUAL UNITED STATES #3B 26 E. 63 ST. NEW YORK NEW YORK 10021 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE and Word Mark SKINNY JEANS Goods and Services IC 025. US 022 039. G & S: (Based on Use in Commerce) Jeans. FIRST USE: 20050814. FIRST USE IN COMMERCE: 20060715 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77280494 Filing Date September 15, 2007 Current Filing Basis 1A Original Filing Basis 1A Owner (APPLICANT) CATHERINE HART INDIVIDUAL UNITED STATES 3B 26 E. 63 ST. NEW YORK NEW YORK 10021 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE
They have a trademark on "skinny jeans". I would consult a trademark attorney if you want to argue that your usage is descriptive (and you won't be selling their product) - but only if you are prepared to spend tens of thousands of dollars (maybe six figures) if they decide to sue you for trademark infringement. I personally wouldn't use that domain.
ok thanks mjewel.... sometimes you have to hear it from someone else before you realize your "idea" is not good enough.
Ruperz. I pretty much have to agree with mjewel on this one. I don't fully under the class system. I just know it exists and wanted to share the info with you. Even if you are right you can spend a fortune on legal defense before you win. Having spent all the time in court rooms that I ever care to spend, I just try to avoid anything that can return me to one. Most of the big boys always use their trademark as an adjective so as to brand their particular item. This usage is based on prior court rulings or a consensus amongst the legal minds. Pizza Hut restaurant Pepsi cola Frito chips You can see the pattern here.