For Sale Bad News for .CA domainers

[TheLegendaryJP]

No harm no foul , I am tough on people I know, I actually feel bad because youre from NB and I know youre more laid back lol

 

[domainatrix]

Despite a bit of tension here, I believe I have learned quite a bit;

• Domainers with Trademarked names are basically open to dispute action regardless of their use or intentions

• Some protection if your site does not compete with original TM wares, but this is not a guarantee you can keep the name

I guess, going back to my original post, the bad news I was specificaaly referring to was the language in the eCar decision that "e is not clearly descriptive of anything"? My "personal" opinion would be that "e" is clearly understood; but I may be wrong.

Do you think that if eCar.ca and eCars.ca had simply been a site about the history of the "electric car", that the registrant would have had a good chance of keeping the domain?

Jen

 

[TheLegendaryJP]

If the sites did focus on a mtter not pertaining to a use enterprise had claim to then yes it would have shown good faith and not have infringed, therefore a solid defence could have been mounted. As with each claim though bad decisions are made and thus you are correct

Some protection if your site does not compete with original TM wares, but this is not a guarantee you can keep the name

. Sad but true. Now in saying this the fact remains it needs to be considered generic. I do not think anyone xcan honestly believe ecars istn generic enough but the bad use killed this guy and the panels statement was moot regarding the genericness of ecars.

 

[revolution1]

JP I applaud your passion... i was only kidding about the chamomille. Best of luck to all dot ca domainers in staying away from the TM problems that can arise while domaining.

 

[DropWizard.com]

Do you think that if eCar.ca and eCars.ca had simply been a site about the history of the "electric car", that the registrant would have had a good chance of keeping the domain?

Jen

I think they would have had an excellent chance as long as any accompanying site ads stayed away from car rentals or leasing.

But then you might have a conflict with.

1/ Word Mark ECAR
Goods and Services IC 009. US 021 023 026 036 038. G & S: Downloadable electronic publications in the nature of reports and bulletins in the fields of information resources and technology. FIRST USE: 20011200. FIRST USE IN COMMERCE:

2/ Word Mark ECAR
Goods and Services IC 041. US 100 101 107. G & S: conducting educational symposia and forums in the fields of information resources and technology. FIRST USE: 20021105. FIRST USE IN COMMERCE: 20021105

3/ Word Mark ECAR
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: publications, namely reports and bulletins in the fields of information resources and technology. FIRST USE: 20011200. FIRST USE IN COMMERCE: 20011200


You really need to check with a TM lawyer especially if the domain is valuable.