Welcome to DNF.com™ - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**beatz** · 05-22-2003, 08:11 AM

Read this:

http://www.icannwatch.org/article.pl...06&mode=thread

Seems like VS will be the kings of monopoly for real now if this patent goes through.VS sure is the (d)evil.

Thanks John Berryhill for the insight.

**actnow** · 05-22-2003, 08:30 AM

Wouldn't this be the same as a surgeon who patents a medical operation procedure and no one else can do it without his permission?

**dtobias** · 05-22-2003, 08:35 AM

The patent office seems much more willing to allow this sort of thing in the computer and Internet field than anywhere else. If you could patent concepts of TV programs like you can patent concepts of computer programs, then maybe the creators of Survivor would have been able to get a patent on the idea of "A television show in which contestants are voted off one at a time," and then sue everybody from The Weakest Link to American Idol.

**Spider** · 05-22-2003, 08:35 AM

I don't think this patent will hold up, too many sites did this before VS did. I remember nameboy or something doing this years ago.

**actnow** · 05-22-2003, 08:42 AM

But, if other sites have been doing it this way for years. Do they have the right to tell Register.com or Enom to stop doing that type of searches? Eventhough, they can prove they have been offering the service for many years.

**jberryhill** · 05-22-2003, 10:33 AM

"I don't think this patent will hold up, too many sites did this before VS did. I remember nameboy or something doing this years ago."

The patent is based on a provisional application filed in August 1997. If you want to invalidate the patent based on prior use or sale, then you have to show someone doing this prior to August 1996.

**jberryhill** · 05-22-2003, 10:36 AM

"But, if other sites have been doing it this way for years. Do they have the right to tell Register.com or Enom to stop doing that type of searches? Eventhough, they can prove they have been offering the service for many years."

Absolutely.

Register.com and Enom.com did not even exist when the patent application was filed.

It can take a long time for a patent application to mature into a patent. The patent rights are enforcible as soon as the patent issues. Just because other people started practicing the invention while your application was pending, does not give them the right to continue after your patent issues.

**David G** · 05-22-2003, 10:41 AM

Originally posted by jberryhill "...If you want to invalidate the patent based on prior use or sale, then you have to show someone doing this prior to August 1996.

Hi John, I was wondering if you could tell us how long one has to invalidate a registered trademark/service mark if one say's the mark was granted in error? The mark I refer to is going on 2-yrs since issued.

P.S. Is that something you can also handle? Thanks.

**actnow** · 05-22-2003, 12:50 PM

Ok, lets go at this from a different position.

In business when a manufacturer has a patent on the manufacturing process. His competitors change their mfging process slightly to bypass the patent.

I would assume this is what the other registrars will do. And, they usually end up a better product for their customers..

**DaddyHalbucks** · 05-22-2003, 05:29 PM

1. New
2. Useful
3. Non-obvious

Those are the criteria for a patent. If you got the smarts and the foresight.. and the bucks.. go for it. But, remember, patents only have value if they are infringed.

I invest in and manage infringed patents at==>
http://novelint.com

**Steen** · 05-23-2003, 02:49 AM

DCG, do you own novelint.com?

BTW, how much does a patent cost and how much does a TM cost?

And also,

If i get a tm in Canada, what if someone in the US (or uraguay) infringes on the TM?

Thanks

**jberryhill** · 05-23-2003, 10:14 AM

"Hi John, I was wondering if you could tell us how long one has to invalidate a registered trademark/service mark if one say's the mark was granted in error? The mark I refer to is going on 2-yrs since issued.

P.S. Is that something you can also handle? Thanks."

If there are grounds for cancellation of a trademark, then one can pursue a cancellation proceeding at any time. One question I would have is why you feel compelled to do so.