closed endowments.us, bick.us, biostat.us

[hhunterjr]

Please appraise endowments.us, biostat.us, and bick.us given the following:



endowments.us:

- suggestiontool.com - 2762 searches for endowment in Jan 2003 - search w/ plural yields same results
-Google search results 295,000. (singular gets more results)
-Yahoo search results 263,000
-endowments.com is developed website; endowments.net is an ultimatesearch site; endowments.co.uk is a developed site with links to different sites about endowments
- all extensions are taken
- plural is not TM


bick.us

- Bick and Bickford are common last names (see bick.com for e.g.)
-suggestiontool.com - 482 searches for it in Jan 2003
-Google - 98100
-Yahoo - 87,500
-all other extensions taken
- TM - Bick's clothing, but other sites exist in bick.com, bick.net, bick.info, bick.biz that don't have anything to do with clothing





biostat.us:

- Suggestiontool.com - 117 searches in Jan 2003
- Google results -191,000
-Yahoo results 170,000
- the .com version is being developed, the .net and org are developed sites - has some potential
- all extensions are taken
- BioStat is TM - but non-infringing uses can be found.
(I've included a little info on the TM situation, but I'm pretty sure that non-infringing uses can be found)

-Word Mark BIOSTAT - is Trademarked
-Goods and Services IC 009. US 021 023 026 036 038. G & S: COMPUTER SOFTWARE USED TO ANALYZE DATA AND CREATE REPORTS AND GRAPHS FOR THE PURPOSE OF STATISTICAL POWER ANALYSIS, NAMELY, TO FIND THE APPROPRIATE SAMPLE SIZE FOR A PLANNED STUDY, AND FOR META ANALYSIS, NAMELY, TO SYNTHESIZE DATA FROM PRIOR STUDIES, IN THE FIELDS OF CLINICAL TRIALS, MEDICAL RESEARCH, SOCIAL SCIENCE RESEARCH, BUSINESS, AND SURVEYS. FIRST USE: 19970525. FIRST USE IN COMMERCE: 19970525

-Word Mark BIOSTAT - is trademarked
-Goods and Services IC 010. US 026 039 044. G & S: medical apparatus; namely, a urea monitor used for detecting the quantity of dialysis delivered during a dialysis treatment. FIRST USE: 19951000. FIRST USE IN COMMERCE: 19951000

- Word Mark BIOSTAT - is trademarked
Goods and Services IC 009. US 026. G & S: LABORATORY PILOT AND PRODUCTION FACILITY EQUIPMENT-NAMELY, SCIENTIFIC FERMENTATION UNITS USED FOR PROCESS CONTROL APPLICATIONS. FIRST USE: 19700000. FIRST USE IN COMMERCE: 19820000


[email protected]
http://www.domainterritory.com

 

[DrWho]

Reseller $

endowments.us - $15

bick.us - $0.00 (TM)

biostat.us - $0.00 (TM)

 

[hhunterjr]

I appreciate the feedback from Dr. Who - even though it's negative. I beg to differ with you on the domain values though.

I think that endowments.us is definitely worth more than $15.00. It doesn't even have any TM issues.

As for bick.us and biostat.us - I don't think that the TM is going to be a problem. In general, it's a good idea to stay away from TM domains - but exceptions apply.

If you or the end user can find a use for the domain that is non-infringing - then everything is fine.

You definitely cannot use a TM domain to compete in the same exact industry that is labelled in the TM Goods/Services section of the TM name (or even a similar industry.). This would cause customer confusion as to the source of the goods or services and is likely to cause an infringement situation.

But the TM situation for bick.us and biostat.us is not likely to be a problem because one can find so many other non-infringing uses for these domain names.

If the TM was a problem with bick, then why is how can bick.com, bick.net, bick.biz, and bick.info all co-exist together on the internet when they are owned/operated by different companies?

If the TM was a problem with biostat, then how can biostat.com, biostat.net, biostat.org, and biostat.co.uk all co-exist together on the internet when they are owned/operated by different companies?

Summary:
Although the TM issues for bick.us and biostat.us limit the potential uses for these domains, the TM does not totally rule all usage of the domains. I'm pretty sure that non-infringing uses can be found for these domains (as evidenced by the sites as bick.com, bick.net, bick.biz, bick.info plus sites at biostat.com, biostat.net, biostat.org, and biostat.co.uk).

 

[DrWho]

Originally posted by hhunterjr
I appreciate the feedback from Dr. Who - even though it's negative. I beg to differ with you on the domain values though.

I think that endowments.us is definitely worth more than $15.00. It doesn't even have any TM issues.

As for bick.us and biostat.us - I don't think that the TM is going to be a problem. In general, it's a good idea to stay away from TM domains - but exceptions apply.

If you or the end user can find a use for the domain that is non-infringing - then everything is fine.

You definitely cannot use a TM domain to compete in the same exact industry that is labelled in the TM Goods/Services section of the TM name (or even a similar industry.). This would cause customer confusion as to the source of the goods or services and is likely to cause an infringement situation.

But the TM situation for bick.us and biostat.us is not likely to be a problem because one can find so many other non-infringing uses for these domain names.

If the TM was a problem with bick, then why is how can bick.com, bick.net, bick.biz, and bick.info all co-exist together on the internet when they are owned/operated by different companies?

If the TM was a problem with biostat, then how can biostat.com, biostat.net, biostat.org, and biostat.co.uk all co-exist together on the internet when they are owned/operated by different companies?

Summary:
Although the TM issues for bick.us and biostat.us limit the potential uses for these domains, the TM does not totally rule all usage of the domains. I'm pretty sure that non-infringing uses can be found for these domains (as evidenced by the sites as bick.com, bick.net, bick.biz, bick.info plus sites at biostat.com, biostat.net, biostat.org, and biostat.co.uk).

Harold,

Perhaps you should post your argument in the legal section of this forum for an in-depth discussion regarding TM violations. Better yet, consult an attorney prior to registering a name with an existing Trademark.

To determine if your argument has merit, please list endowments.us in the forthcoming DNForum auction.


Dr.

 

[TexasFilly]

Endowments.us is the top pick here. it's a great .us (regional) name.. and it serves a "niche" field.. i like it..

worth.. wow.. not sure..

but if marketed to the "endowment"/grant/funding industry.. you might get $500 undeveloped.

if developed.. worth much more.

goodluck! nice .us

 

[TexasFilly]

Definition of Endowments
Endowment Assurance:
A medium to long term life assurance/savings contract, incorporating an investment element and a protection element. The policy will pay out on surrender, maturity or death.

Endowment Mortgage:
An interest only property purchase loan where the outstanding capital will be repaid at the end of the term out of the fund accumulated under an endowment policy.


About Selling Endowments
A major part of why life assurance companies appear to offer poor value is because the policyholder incurs "early surrender penalties", which are charges deducted from the current value of your investment. These additional costs are incurred because the charges put forward by the life assurance companies are based on the assumption that the policyholder will maintain the policy for the agreed term. A high proportion of the company's costs are incurred when the policy is first set up, though the charges to the policyholder are then spread over the life of the policy.

Consequently, selling a policy via the traded endowment market is an attractive solution for policyholders. That's where we come in and start you along your way to selling your endowment policy.


(i suggest you at least put up a one pager on this name)

 

[TexasFilly]

i would love too assist with marketing this name

Endowments.us

Please PM me any details regarding my "finders fee" etc.

I will pick and choose "select" names, and assist the owner to find a buyer.. this is one of those names, i'de love to market.

msMay

 

[hhunterjr]

These remarks are directed to Dr. Who's comments re: Bick.us and biostat.us I may go ahead and post my arguments in the legal section, but it's nice to post them in this thread as well. I am a patent attorney. Although my experience with trademarks is not that extensive, I do have some experience with trademarks and have done a good amount of research on TM infringement, TM diliution and Cybersquatting.

In general I would say that it is better to stay away from Trademarked names - especially the more famous ones like Coca Cola, IBM, ToysRus - etc. These marks are so strong, well known, and famous that any domain that is similar in sound will probably create a TM infringement situation.

However, the bick TM and the biostat TM are not that well known.
The bick TM deals with clothing. Yet websites for bick.com, bick.net, bick.info, bick.biz exist and don't have anything to do with clothing. It would probably be hard for the bick TM owner to prove likelihood of confusion with these other businesses that operate through bick.com, bick.net, bick.info, bick.biz. I think that the same holds true for the biostat TM.

I think that a court would definitely have to go through the traditional seven factor "likelihood of confusion" analysis to prove TM infringement for these marks. (see below)

I've included a general discussion of TM infringement, TM dilution, and Cybersquatting below and provided various links to sites dealing with these issues.



Trademark infringement:
is the commercial use of the same or similar mark by another with respect to related goods or services which is "likely to cause confusion" with respect to actual or potential customers of the trademark owner's goods or services. Many factors are considered in determining the existence of a "likelihood of confusion" including the similarity of the marks and their commercial connotation, the similarity or relationship of the respective goods or services, the commonality of trade channels, the sophistication of purchasers, the fame and strength of the trademark owner's mark, the number and nature of similar marks in use on similar goods or services, and the existence of actual confusion. No one factor is necessarily controlling and in general infringement is evaluated on a case by case basis based upon the totality of circumstances. Remedies include injunctive relief to prohibit infringement, the impoundment and destruction of goods bearing infringing trademarks, an infringer's profits, the trademark owner's actual damages and court costs. Attorney's fees may be awarded in exceptional cases

Trademark dilution:
occurs when a famous trademark’s ability to distinguish its product is lessened, either through "tarnishing" (a famous mark becomes associated with an inferior product) or "blurring" (a junior mark becomes associated with the famous mark’s product).

Cybersquatting:
can be defined as registering, selling, or using a domain name with bad-faith intent to profit from the good will of the trademark belonging to someone else. AntiCybersquatting laws have also been expanded to include cyberpiracy protection for individuals (See 15 U.S.C. Section 1129).


The following links below provide useful information on Trademarks, Trademark Cyberpiracy, Cybersquatting, and the AntiCybersquatting Consumer Protection Act (ACPA)



http://www4.law.cornell.edu/uscode/15/1129.html

http://www.bitlaw.com/source/15usc/1129.html

http://www.bitlaw.com/source/15usc/index.html

http://www.gigalaw.com/library/anticybersquattingact-1999-11-29-p1.html

http://www.gcwf.com/articles/journal/jil_march00_1.html

http://www.patents.com/acpa.htm

http://www.phillipsnizer.com/int-anticyber.htm

http://www.keytlaw.com/urls/acpa.htm

http://www.sidley.com/cyberlaw/features/anticyber.asp

http://www.domainhandbook.com/tcpa.html

http://www.kilpatrickstockton.com/site/print/detail?Article_Id=616

 

[hhunterjr]

This post is regarding Texas Filly's positive comments about endowments.us.

Thanks for recognizing the value of the name. Right now, it probably would draw offers of only $500.00 - $1,000 because the .us extension is so new.

So that's why I'm probably not going to sell it right now. I'd like to hold onto it for a while and see if the .us extension really becomes mainstream and recognized by the general public.

If you know of anyone/any company interested in endowments.us - please let me know. Hopefully, I could get the buyer to bid way more than $500.00 though. I'll PM you with finder's fee details.

 

[TrafficMonsterRRR]

Originally posted by hhunterjr
I
Although the TM issues for bick.us and biostat.us limit the potential uses for these domains, the TM does not totally rule all usage of the domains. I'm pretty sure that non-infringing uses can be found for these domains (as evidenced by the sites as bick.com, bick.net, bick.biz, bick.info plus sites at biostat.com, biostat.net, biostat.org, and biostat.co.uk).

I agree! Just this morning, my headhunter called me to say "I need your bio...stat!" How many times do you hear this expression daily? Although he really meant "send us your resume immediatelly" it illustrates hhunterjr's point of non infringing uses of a name --ps. dosage of sarcasm added for demonstration purposes.

Cheers!!

 

[hhunterjr]

Dtobias had a credible comment in the "legal" section concerning TM issues with Bick.us and biostat.us.

Dtobias wrote: "I think what a judge or UDRP panelist will ask is not whether a non-infringing use can be dreamed up for these domains (one practically always can be), but whether you actually have made use, or credible plans to do so, of the domains in question in such a noninfringing manner. If you registered them first and tried to think up an excuse and use later, you'll probably lose if challenged."


I hadn't thought about it in this way. Dtobias' ideas are at least worth more investigation and I will definitely do more investigation on this issue.

Any other comments on bick.us or biostat.us?


Any other comments on endowments.us (which is not TM at all).

 

[hhunterjr]

The legal thread that matches this discussion of TM issues for bick.us and biostat.us is at

http://dnforum.com/showthread.php?s=&threadid=23187