Appraise this new domain. - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

Banned: ad-lib · 04-13-2002, 09:59 PM

I felt bored. And wanted to post a topic in this forum, so I decided to buy a domain even though I really didnt want to. Anyway:

eCOMEDY.net

How much is it worth?
Thanks.

updatedsports · 04-13-2002, 10:03 PM

Banned: ad-lib · 04-13-2002, 10:06 PM

.com .net .org .biz .info .ws .cc are all taken....
And e-comedy, even with the HYPHEN has the .com .net .org extensions all taken.

So how could the dot net without the hyphen possibly be worth a measly $20?

blah

04-13-2002, 10:12 PM

They might be taken, but are they developed?

Banned: ad-lib · 04-13-2002, 10:24 PM

No they are not developed. And that it is for the good.
It is easier to distinguish yourself. If I or the future owner of eCOMEDY.net were to develope the site. It would be less confusing for the visitors.

**chris** · 04-13-2002, 10:30 PM

Also, granted I am not giving you legal advice, but they could have trade/service mark rights over you if they developed a commercial site before you did (even if you owned the domain name first).

Try to pitch it to them soon.

Be careful,
Chris

04-14-2002, 02:53 AM

Quote:

Originally posted by MC Juice

.com .net .org .biz .info .ws .cc are all taken....
And e-comedy, even with the HYPHEN has the .com .net .org extensions all taken.

So how could the dot net without the hyphen possibly be worth a measly $20?

blah

Thats not always a good indication of value, if someone has paid $7 for the other extensions that doesn't neccessarily increase the value of a .net.

The name sounds quite good but I'm not a big fan of .net myself. Its seems resale prices are typically quite low and its probably not advisable to develop a site using a .net either.

**stuff** · 04-14-2002, 04:08 AM

10 USD, not more.

04-14-2002, 05:06 AM

Quote:

Originally posted by chris
Also, granted I am not giving you legal advice, but they could have trade/service mark rights over you if they developed a commercial site before you did (even if you owned the domain name first).

That shouldn't really be a problem. There is no distinctive element to "ecomedy" (the prefix e is widely used on the internet and comedy is a common word) and as the reg would predate any claimed mark, there could be no inferred bad faith registration against the mark holder.

Certainly under the UDRP it would fail, and the ACPA requires distinctiveness too.

**chris** · 04-14-2002, 05:41 AM

But would a mark be established if there has been no previous use?

04-14-2002, 05:49 AM

No, the use of a domain name alone does not create any rights to the domain as a mark.

So non use would certainly not generate any rights in ecomedy as a mark - but thats the point.

It would be descriptive and non distinctive, any markholder would likely only be granted rights in it in a non descriptive capacity - e.g. ecomedy could be a made of cereal, a beer or a car.

Trademarks do not prevent blanket uses of a term:

"A trademark does not confer a right to prohibit the use of the word or wordsâ€¦. A trademark only gives the right to prohibit the use of it so far as to protect the owner's goodwill against the sale of another's product as his." Prestonettes, Inc. v. Coty, 264 U.S. 359 (1924).

Trademark scope is evaluated based on a sliding scale of distinctiveness, so ecomedy would be weakly protected within the scope of any mark registration even if the domain registration came after the trademark registration.