DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 07-24-2006, 07:37 AM   #1 (permalink)
Platinum Lifetime Member
 
italiandragon's Avatar
 
Name: Lorenzo
Last Online: 01-13-2009 07:20 PM
iTrader: (22)
Join Date: Feb 2006
Posts: 2,495
DNF$: 10
Country:


Question UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Hi all, I still can`t stand to see how unfair some decisions are and how after so many years, the domain industry has not yet a very unique rule to follow.

For example:

if Tom Cruise wakes up after years claiming the name tomcruise.com and he wins the UDRP, then what should stop for example the Goverment of Malta to claim Malta.com ???? Or the White House to claim whitehouse.com ?

Also, how can AOL try to scare people who own AOL typos such KOL.com ?

Not to mention that many countries have different rules for TM issues and with ccTLDs the guidelines of what is right or what is not is even less secure.

I think that there is still a total confusion between the authorities too otherwise how can they allow people to register famous names if then Tom Cruise was able to get it when he felt like ?
__________________
FOR THE BEST DEALS OF THE YEAR VISIT: ItalianDragon.com™
italiandragon is offline   Reply With Quote
Sponsored Ads
Old 07-24-2006, 11:31 AM   #2 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Unfair... not really, the guy who owned TomCruise made money from Toms name... that's squatting... KOL is a TM of AOL, that has been explained here...as far as whitehouse, the government tried unsuccessfully to get the domain and the owner of whitehouse.com kept the name (he did not lose the name at all) and ironically, he sold the domain when his kid turn 13 because he didn't feel right about promoting porn (after making millions off of porn).

As far as registering TM names, the TOS of each registrar states you cannot register TM names, If you register TM names, if is your fault, not thiers.
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Old 07-24-2006, 01:31 PM   #3 (permalink)
Ian
Senior Exclusive Member
 
Ian's Avatar
 
Last Online: Today 01:08 PM
iTrader: (46)
Join Date: Mar 2006
Posts: 1,737
DNF$: 1,239
Location: www
Country:

Send a message via ICQ to Ian Send a message via AIM to Ian Send a message via MSN to Ian Send a message via Yahoo to Ian

Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Quote:
Originally Posted by DNQuest.com
Unfair... not really, If you register TM names, if is your fault, not thiers.
I agree! But there is always the question of coincidence eg. in the case of Goldmansachsex.com v. Goldmansachs.com it would interesting to see how they decide (if they've not as i'm unaware). Could it be true that the owner of Goldmansachsex.com genuinely registered the name simply because his friends nicknames him so or is it just an attempt to decieve the complainant (Goldmansachs Investment Bank)? It is not always very easy to judge the right one though in most cases the most powerful wins!!!
__________________
Always buying .COM revenue type-ins. PM me!
Ian is online now   Reply With Quote
Old 07-25-2006, 04:22 AM   #4 (permalink)
Platinum Lifetime Member
 
italiandragon's Avatar
 
Name: Lorenzo
Last Online: 01-13-2009 07:20 PM
iTrader: (22)
Join Date: Feb 2006
Posts: 2,495
DNF$: 10
Country:


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Ok, so you think that`s easy and I`m wrong? That`s fine but what about the name of Countries, cities, etc?

They should belong to those Countries, cities, etc. if we want to follow the same rule.
__________________
FOR THE BEST DEALS OF THE YEAR VISIT: ItalianDragon.com™
italiandragon is offline   Reply With Quote
Old 07-25-2006, 05:58 AM   #5 (permalink)
Internet Real Estate
 
carlton's Avatar
 
Last Online: Today 12:14 AM
iTrader: (2)
Join Date: Jun 2004
Posts: 897
DNF$: 580
Location: USA
Country:


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Quote:
Originally Posted by italiandragon
That`s fine but what about the name of Countries, cities, etc?

They should belong to those Countries, cities, etc. if we want to follow the same rule.
Moot point first. Precedent correctly establishes the opposite of what you claim and for good reason. Geo-locations and Hollywood stars who built financial empires on their name (brand) are not synonymous.
__________________
PremiumDomains.biz BLOG | ColoradoSpringsApartments.com | Manhattan.mobi | California.biz | DETROIT.US
carlton is offline   Reply With Quote
Old 07-25-2006, 06:09 AM   #6 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 11-12-2009 09:55 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,663
DNF$: 0
Location: Manila


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

That's why these things are treated case to case. It depends on any and all
facts possibly gathered during the course of things.
__________________
Vidi, Vici, Veni!
Dave Zan is offline   Reply With Quote
Old 07-25-2006, 08:01 AM   #7 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-21-2007 12:45 PM
iTrader: (2)
Join Date: Apr 2006
Posts: 177
DNF$: 247
Location: Illinois
Country:


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Everyone had good things to say. It is true that it is always the responsibility of the person who registers the domain. And it is also true that things are treated on a case by case basis. I read that if someone uses a name that's catchy and unique and makes a business that confuses the public about the actual source of that name, it could be interpreted as a violation. I have read that people have been asked to take that business off the web.

On the other hand, I talked to a trademark lawyer (a friend) who says that the laws for trademarking and ownership for the internet are not all clear as copyright laws are for print. The internet has exploded so much that there are not enough legal precedents, which is very often how rulings are made. Run a search for "trademark laws for domain names" or "trademark law for the internet" (or something like that, and see what you will pull up.

In the case of zune, zune.com is not even owned by MS!

All very fascinating. Sorry for long post.
__________________
Wiinames.com, the best wiinames on the net, CitySights.US, bytessite.com
Foodie is offline   Reply With Quote
Old 07-25-2006, 11:07 AM   #8 (permalink)
Platinum Lifetime Member
 
italiandragon's Avatar
 
Name: Lorenzo
Last Online: 01-13-2009 07:20 PM
iTrader: (22)
Join Date: Feb 2006
Posts: 2,495
DNF$: 10
Country:


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Quote:
Originally Posted by Foodie
Everyone had good things to say. It is true that it is always the responsibility of the person who registers the domain. And it is also true that things are treated on a case by case basis. I read that if someone uses a name that's catchy and unique and makes a business that confuses the public about the actual source of that name, it could be interpreted as a violation. I have read that people have been asked to take that business off the web.

On the other hand, I talked to a trademark lawyer (a friend) who says that the laws for trademarking and ownership for the internet are not all clear as copyright laws are for print. The internet has exploded so much that there are not enough legal precedents, which is very often how rulings are made. Run a search for "trademark laws for domain names" or "trademark law for the internet" (or something like that, and see what you will pull up.

In the case of zune, zune.com is not even owned by MS!

All very fascinating. Sorry for long post.
Hi there, you should post even longer trust me. All you wrote is very interesting and that confirms my concerns.

Now what does happen to that name ( Zune.com) if Microsoft registers a TM on the word Zune ? Can`t be bad faith since Microsoft came second....but money rules......and you never know.

KOL was trademarketed by AOL ? Who cares, the Registrant of KOL.com did not advertise AOL services and the name was regged before AOL got the TM on that name.

Plus, what does happen when there are 2 or more TMs on the same word but from different Countries ? ( example: an Italian company and an American company own a tradermark on the word "Bike" and both claim Bike.com )
__________________
FOR THE BEST DEALS OF THE YEAR VISIT: ItalianDragon.com™
italiandragon is offline   Reply With Quote
Old 07-25-2006, 12:44 PM   #9 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-21-2007 12:45 PM
iTrader: (2)
Join Date: Apr 2006
Posts: 177
DNF$: 247
Location: Illinois
Country:


Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..

Then again, the two-word domains are interesting. For example, pot means one thing. But add letters to it like -ential or -omac or before it like s-, and it could be argued that it's not the same, particularly if one is not starting an exact business and "squatting" on the catchy name.
__________________
Wiinames.com, the best wiinames on the net, CitySights.US, bytessite.com
Foodie is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Upcoming UDRP cases -- Lassie.com, azureus.com, knot.com and others GeorgeK Domain Name Legal Issues 47 07-12-2006 11:22 AM
Looks like Sex.com is trying to use Sex.xxx in commerce... izopod Adult Domain Appraisals and Adult Website Discussions 5 10-01-2003 09:56 AM
Bick.us and Biostat.us - Discussing TM issues hhunterjr Domain Name Legal Issues 7 02-28-2003 10:57 PM
TM infringement, TM dilution, Cybersquatting - Definition and General Discussion hhunterjr Domain Name Legal Issues 0 02-28-2003 09:19 AM


All times are GMT -5. The time now is 01:50 PM.
Copyright @2001-2009 DNForum.com