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Originally Posted by alwaysthinking  Different people different strokes! |
Not really, many poeple do not know the difference of "generic" arguments vs. "descriptive arguments". Lets use apple, it is generic, but try selling computers, it is no longer generic. But use apples to sell apples, that is a whole different story. So it is not matter of potatoe/potatoe, it is a matter of properly presenting an issue.
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Just using the same boots example, boots is generic word and descriptive then. Then you have a company that is using it as a brand for something completely different.
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Goes to my explaination above, usage determines if a "generic" domain comes under TM or is descriptive.
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Where does one draw the line?
Do you think TM'ing that domain with e or i infront is also an added protection lay is the question.
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The unfortunate answer is "the one willing to spend the money to have the line drawn". It takes money to fight for or fight against a cause. That is why there is overreaching with TMs, the lil guy just gives up. I do feel there is a small percentage of rulings which were wrong. But many UDRPs goes unchallenged and some I wish were fought to see the outcome.
As far as E or I, It is dependant on the situation, the keyword and usage would play an important part of deciding that issue. eBay and eLance are TMs, the keyword itself in "generic" in nature, but if you start using the workds in the field of the TMs, that could cause trouble. The domain game is no longer an easy game to play. And I have a feeling it is going to get harder.