Is it a TM issue?

**scottatmu** · 12-26-2002, 07:06 PM

Here is my question ... if i register a name, such as VisaLinks.com or MasterCardLinks.com or anything with the TM'd name before it, is it a TM issue?? Even if the domain is benefitting the TM'd company ... such as a links type page?

**Banned: CoolHost.com** · 12-26-2002, 07:10 PM

"Is it a TM issue?"

My guess would most definitely be 'YES"! However, you need to go to the correct "Legal" section on this site for these types of questions ... NOT the appraisal section! Do I sound like a broken record, a broken record??

Thanks. Good Luck.

**garyted51** · 12-26-2002, 07:12 PM

I think it's ok, providing you don't slander the creditcard companies. Personally I would steer clear! Not worth the hassle.

**scottatmu** · 12-26-2002, 07:12 PM

Argh ... I thought I was in the legal section ... my fault ... mods, please move to Legal Issue section .. .thanks!

**Banned: CoolHost.com** · 12-26-2002, 07:19 PM

"Argh ... I thought I was in the legal section ... my fault ... mods, please move to Legal Issue section .. .thanks!"

THANKS MUCH!

Good Luck.

**Bob** · 12-26-2002, 08:33 PM

Moved per request -

and yes, there have been WIPO cases where the addition of a generic word on a TM name does not remove the TM liability.. I will look for at least one link where I saw this. ..

-Bob

**Bob** · 12-26-2002, 08:38 PM

Here is one - but the respondent never replied, so there was no arguements.... I am not sure what the proper answer would be.

http://arbiter.wipo.int/domains/deci...2000-0394.html

-Bob

Silverwire · 12-27-2002, 03:01 AM

Bobâ€™s link to case of "gecapitaldirect.com" is a not very good reference in this case. "Links" may be non-profit with no confusion of the site with tm holder's main site or, perhaps, "links" has a legitimate business interest in creating those links to the various banks/providers of those cards. "Direct" carries a connotation that is easier to confuse as a site controlled by the tm holder. That's harder to imagine a legitimate business interest for "direct" (no respondent response in the gecapitaldirect.com case). And the answer may not be the same with "anything" tm'd before the "links.com"

Another "it depends" question.

Not an attorney.

**pljones** · 12-27-2002, 07:25 AM

I think the comparison is pretty good. If a site is put up at MASTERCARDlinks.com that mentions the credit card company at all, you can bet that it will generate a c&d letter. Why risk it registering this name?

Silverwire · 12-28-2002, 10:44 AM

Originally posted by pljones
Why risk it registering this name?

I agree, unless perhaps you are involved in the business of providing credit cards or some related business and you don't have any agreements with vendors, etc. that prevent you from using the dn.