- Joined
- Nov 22, 2009
- Messages
- 1,435
- Reaction score
- 208
- I own a domain name which I picked up in TBR during the spring
- For those not involved in .ca domains, TBR is when expired names get released every Wednesday (stands for "To be released")
- I would consider the term to be a very generic - it is a dating related term, I would say equally generic to a phrase such as "blind date" or "dinner date"
- As I discovered after I registered the name, there is a registered trademark on this term, with wares specifically being that of "dating and introduction services"
- The domain name is currently being in a way that does not interfere with said trademark, and therefore is not in violation of it
- However, I question the legitimacy of the existence of this trademark. I don't think that one should have been granted on it
- A person who I believe to be the holder of this trademark phoned me in August and started threatening me, telling me he was going to call the police on me because I "stole" his domain name that he's had for 10 years... I haven't heard from him since then.
- What brought this up to me specifically today is that a recently decided case at WIPO ruled that while a trademark may exist on the term, the fact that it is generic can render such a trademark moot
- This specific case was for affinitycard.com and the contents of the decision may be found here: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-2270
- My question is, can I apply a similar defence to making use of a term which is, in my opinion, clearly a generic one?
I know I'll run into resistance while doing it... the question is, whether or not said resistance will end up working against me.
Any input would be GREATLY appreciated!
- For those not involved in .ca domains, TBR is when expired names get released every Wednesday (stands for "To be released")
- I would consider the term to be a very generic - it is a dating related term, I would say equally generic to a phrase such as "blind date" or "dinner date"
- As I discovered after I registered the name, there is a registered trademark on this term, with wares specifically being that of "dating and introduction services"
- The domain name is currently being in a way that does not interfere with said trademark, and therefore is not in violation of it
- However, I question the legitimacy of the existence of this trademark. I don't think that one should have been granted on it
- A person who I believe to be the holder of this trademark phoned me in August and started threatening me, telling me he was going to call the police on me because I "stole" his domain name that he's had for 10 years... I haven't heard from him since then.
- What brought this up to me specifically today is that a recently decided case at WIPO ruled that while a trademark may exist on the term, the fact that it is generic can render such a trademark moot
- This specific case was for affinitycard.com and the contents of the decision may be found here: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-2270
- My question is, can I apply a similar defence to making use of a term which is, in my opinion, clearly a generic one?
I know I'll run into resistance while doing it... the question is, whether or not said resistance will end up working against me.
Any input would be GREATLY appreciated!
