closed HerbalViagra.info

Ed30 · Mar 2, 2004

What do you think of this one?

Do you think I'll have TM issues?

Thanks

Gee · Mar 2, 2004

i am not experienced in TM but i don't see TM issues as herbal is a different thing

50$

good luck

Ed30 · Mar 4, 2004

Thanks. Anyone else?

RTM.net · Mar 4, 2004

I'd be a bit concerned about TM issues - herbal is probably not prone to TM, but Viagra definitely is a (R) TM of Pfizer. I don't know how agressive they are in protecting their IP, but you may want to be careful especially depending on the type of content you intend to develop for the site.

Cheers,

Rob

seeker · Mar 4, 2004

I'd say there potentially is a TM issue here.
The name itself sounds good though, like a natural viagra type thing, which I hope I will never need

TrafficMonsterRRR · Mar 4, 2004

Does the term "PoorMansBMW" have TM issues?

My point is that you could get away if you have thick enough skin to fend off worries about potential C&D letters.

Check out the history of "VIAGRA" cases in the WIPO database to gauge the TM holder's disposition.

Good luck!

TrafficMonsterRRR · Mar 4, 2004

Oops, I got the link too:

WIPO Search Link for VIAGRA

DaddyHalbucks · Mar 5, 2004

-$249,500.00

Explanation:
The domain on its own is worth $500 + or -
When you subtract a TM liability of $250,000 --you are in the hole $249,500.00
The domain has a negative value

Nameable · Mar 5, 2004

Yes, you will have TM issues.

Haven't tried this or heard of anyone else trying it yet, but... I was just talking with a friend about the principle of "abandonment" in real estate and how it could apply to domains.

You could change the whois info to null, null, null, etc. and let them complain to the registrar that the whois info is wrong, then the registrar has to find you and ask you to update the whois info, if you don't update it in a timely fashion, they're supposed to delete it, not transfer it to someone else (Pfizer).

BTW: I'm not advocating this practice; merely stating a theory that is new to me.

DaddyHalbucks · Mar 5, 2004

Yes, you will have TM issues.

Haven't tried this or heard of anyone else trying it yet, but... I was just talking with a friend about the principle of "abandonment" in real estate and how it could apply to domains.

You could change the whois info to null, null, null, etc. and let them complain to the registrar that the whois info is wrong, then the registrar has to find you and ask you to update the whois info, if you don't update it in a timely fashion, they're supposed to delete it, not transfer it to someone else (Pfizer).

BTW: I'm not advocating this practice; merely stating a theory that is new to me.
++++++++++++++

I would be wary of following such a course of action which could have legal implications. Perhaps Pfizer could get a court order to have the registrar release your name. Then you would have an extra burden, you would have shown active efforts to conceal your name, paradigmatic bad faith under the ACPA.

My suggestion? Delete this name ASAP!

This is not legal advice and I am not an attorney.

TrafficMonsterRRR · Mar 5, 2004

"....you would have shown active efforts to conceal your name, paradigmatic bad faith under the ACPA."

Kind of doubt this is likely to happen. HOWEVER, *IF* the name is making considerable money conceivably to the expense of the TM owner (i.e. THEy could be making it instead and you are stealing customers), then the case scenario of injuction, court order etc may stand.

Is the domain making any money?

Ed30 · Mar 5, 2004

TrafficMonsterRRR said:
Is the domain making any money?

No - it hasn't had one typein yet lol.

Thanks for all your comments so far. I notice that other extensions of this name, eg the .biz, are trading with, seemingly, few problems.

RTM.net · Mar 5, 2004

Ed30 said:
I notice that other extensions of this name, eg the .biz, are trading with, seemingly, few problems.

...for now! :wink:

Ed30 · Mar 5, 2004

RTM.net said:
...for now! :wink:

True :-D

DaddyHalbucks · Mar 5, 2004

HOWEVER, *IF* the name is making considerable money conceivably to the expense of the TM owner (i.e. THEy could be making it instead and you are stealing customers), then the case scenario of injuction, court order etc may stand.

Is the domain making any money?
+++++++++++++++

Again, beware of all free advice on forums.

If the domain is making money, you may also be liable for lost profits.

That is IN ADDITION to the $100,000 penalty per domain under the ACPA and possible attorney's fees for your opponent. Plus, you will definitely have to pay your own counsel.

The potential liability you are facing is HUGE!!

Ed30 · Mar 5, 2004

DaddyHalbucks said:
Again, beware of all free advice on forums.

If the domain is making money, you may also be liable for lost profits.

That is IN ADDITION to the $100,000 penalty per domain under the ACPA and possible attorney's fees for your opponent. Plus, you will definitely have to pay your own counsel.

The potential liability you are facing is HUGE!!

Point taken. How do I delete a name with enom if I want to?