Generic Type Word Domains

**companyone** · 08-01-2005, 08:45 PM

Hi,

If someone names say a movie after a common word,a word in the dictionary. And say it becomes world famous, make all kinds of money etc...

Say the movie's name is "knowledge" and I happen to buy the domain knowledge.com...

Anyway I run into trouble down the road? Or, is a generic common name like this pretty much safe as long as I don't try selling another movie named knowlege.

Thanks for ypour replys in advance.

Dan

**Acro** · 08-01-2005, 09:01 PM

Generic words do not get trademarked.

**Dave Zan** · 08-01-2005, 10:01 PM

Originally Posted by RADiSTAR

Generic words do not get trademarked.

If one attempts to trademark it for what it's commonly known for. There are
a couple of registrations for "caterpillar" at the USPTO, but none for the larva
itself.

One thing to work in your favor is to make sure your domain doesn't reference
in any way to what the other party is doing. But if the other party is willing to
go to Court over it, well...

**ClaireB** · 08-03-2005, 01:21 PM

Originally Posted by davezan1

If one attempts to trademark it for what it's commonly known for. There are
a couple of registrations for "caterpillar" at the USPTO, but none for the larva
itself.

One thing to work in your favor is to make sure your domain doesn't reference
in any way to what the other party is doing. But if the other party is willing to
go to Court over it, well...

So, I understand from this thread that you confirm my own position on this, i.e. that Ripley's cannot claim that the words "believe it or not" are their specific trademark unless one tries to copycat them.

**DNQuest.com** · 08-03-2005, 02:38 PM

"Believe it or Not" is their TM phrase, just like any other slogan almost all companies employ. I TMed my slogans. McDonalds TMed the word "Smile" on ther advertising. Anyone can claim a TM, but having a valid TM is another story.

Ripleys phrase is directly identifies Ripleys. They are synonimous (sp). Anyone who tries to use it may have a fight ontheir hands.

**namedropper** · 08-04-2005, 07:38 PM

Generic words and phrases most certainly can be trademarked, they just cannot be trademarked for their generic sense.

Multiple people can use the same word or phrase (or even all trademark them) as long as they are used for different markets.

Regarding "Believe it or not" you can use it, but not so that it conflicts with Ripley's field. What that field (or, most likely, fields, as they probably have registered more than one) is I don't know, you ought to look into it.

**ClaireB** · 08-04-2005, 07:50 PM

Originally Posted by namedropper

Generic words and phrases most certainly can be trademarked, they just cannot be trademarked for their generic sense.

Multiple people can use the same word or phrase (or even all trademark them) as long as they are used for different markets.

Regarding "Believe it or not" you can use it, but not so that it conflicts with Ripley's field. What that field (or, most likely, fields, as they probably have registered more than one) is I don't know, you ought to look into it.

Thank you. This is exactly how I view it. Thanks.

**namedropper** · 08-04-2005, 07:57 PM

Originally Posted by ClaireB

Thank you. This is exactly how I view it. Thanks.

No.... actually, from your other thread I don't think you really do. You said you could put up a site with "funny stories".... yet that's exactly the main use to which the trademark is put.

I don't know what all they have the TM registered in, but you wouldn't want to do anything at all similar. They have restaurants, logos, books and probably T-shirts and so forth. You might be able to find a way to use the name for a noninfringing use, but you'd have to check to see just how far Ripleys has gone with it to know for sure.