Hello all, I own bingrss.com which is a web directory. Will Microsoft try to acquire it in any way? I have seen many of here loosing their domains because of trademark infringement, Also I had noticed one thing that they used logo's/"names"/"brand"/"service name"/"trademark" in their website which caused to loose the domain. I haven't done anything like that keeping in the mind legal thing, and "bingrss" has it's own identity as web directory on internet. Also "bing" is not registered - http://www.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx Expecting helpful answers.....
I don't think because that your not using that domain for any related service offered by them........ That's my idea hope you'll get some other useful idea's too
Your usage isn't identical but no one can predict what Microsoft will do - however, they are known to be aggressive in protecting their intellectual property rights. The fact that you went out and registered your domain right after they announced their search engine isn't going to be in your favor. It really comes down to if Microsoft "thinks" it is infringement. The legal costs of defending an infringement suit would be huge - so they win by default. Trademarks don't have to be registered, but Bing is. Word Mark: BING IC 009. US 021 023 026 036 038. G & S: computer search engine software; graphical user interface software, namely, toolbar software for use with search engine software and websites IC 035. US 100 101 102. G & S: advertising services; dissemination of advertising for others via the Internet; providing consumer product information via the Internet; advertising and directory services, namely, promoting the goods and services of others by providing a website featuring links to the websites of others; providing online directory services featuring business and personal directory information; providing an Internet website featuring news and information in the fields of national and international politics and business IC 038. US 100 101 104. G & S: telecommunication services, namely, receipt and delivery of information, messages, documents, images and other data by electronic transmission; streaming of audio and video on the Internet IC 039. US 100 105. G & S: providing a web site and web site links to geographic information, map images, and trip routing IC 041. US 100 101 107. G & S: education, namely, providing training and tutorials in the field of computer searching and online advertising; entertainment services, in the nature of providing online news and information in the fields of entertainment, education, pop culture, cultural activities and exhibitions, sports, and other non-business and non-commercial fields, namely, games, music, literature, the arts, television, films and performance art IC 042. US 100 101. G & S: computer services, namely, providing search engines for obtaining data on a global computer network Microsoft Corporation CORPORATION WASHINGTON One Microsoft Way Redmond WASHINGTON 980526399
Great and thanks for the information dude, But I didn't relate/refer/affiliate/include/ to microsoft's "bing" just as the other guy here did who owns customized-facebook.com. These are the information about IC's not bing trademarks.
Those ARE the Federal Trademark registrations for "BING" and owned by Microsoft. "IC" is the trademark Class Code. You can find all the trademark details at www.uspto.gov
this page was last updated on April 30, 2009, and bing come in existence after that, may be that is reason that it is now here, Hope MS will update this page soon.
How long have you owned the domain? If you registered the domain after Bing was introduced you could have a problem.
Well if you had your domain first, and they want it, make them pay ....... one hundred... million... dollars!!!
Uh... ...no, Microsoft won't pay even one cent. They might even hold the OP liable. Search for Microsoft filing suits for domain-trademark infringement.
Any way the site is known by Mr.Bingr SS Web Directory. I don't think it in any way refer to bing search engine.
According to Whois, the domain was registered on 11 Jun 2009 : If we look at Bing's launch date (multiple sources), it was 3 Jun 2009. I'm sorry but I'm afraid it would be tough to claim prior art on this one. (citations omitted due to "live links not available" to my account yet).
Trademark law doesn't work that way. You can't register microsoftrss and then claim it stands for mi cro softrss. You would certainly lose in court. Could there be a likelihood of confusion - i.e. if someone just looked at the domain name (forget the content on the site) could they think that it might be associated with Bing (before they went to the site)? That is the legal question. They would have an army of IP attorney's working hard to prove that it if they file suit You registered the domain after bing made it's announcement. It is obvious you were trying to take advantage of their goodwill. You can only hope Microsoft doesn't decide to sue you - because you would lose the domain if for no other reason is that no one in their right mind would put up tens of thousands of dollars, hundreds of thousands of dollars, to try and keep this particular domain. That kind of money means nothing to MSFT. Even if you won, you would be out legal fees. It's pointless to try and convince yourself that you could keep the domain if push comes to shove, you couldn't. Just hope that doesn't happen.
Hmm can you check out when was "bing" registered because I had heard that there was some problem MS was having while registering "bing" trademark because similar was existing as a mobile/cellular company. Assume 10 people coming to my website and would they think this website as a service of MS or relates to bing, I don't think so.
Serial Number 77681498 Filing Date March 2, 2009 Priority Date September 22, 2008 The trademarks have already been accepted and published by the USPTO. You don't have an argument about first usage because you registered AFTER they did. You need to work on your comprehension. You can have trademark issues based on the domain name alone without anyone even going to your site. You used their trademark and someone has to click the url and visit the site before they see a disclaimer or know it isn't a Microsoft site. By the time they visit your site, the "theft" of their traffic has already occurred. Ask those 10 people to look at a url "BingRSS" and ask them to state what they think this website could be about (without visiting the site). When you have people say it might have something to do with Microsoft, then you have problems. Are you saying you have hundreds of thousands of dollars and are prepared to spend it to make these arguments? No attorney will take this case unless you put cash up front. If the answer is no, your points are moot, and you just need to site back and hope Microsoft doesn't contact you. If you do have the money, stop posting about your domain on a message board. Everything you have posted can be used against you in court. Hire an IP attorney.