TM issues with domains with "DS" in?

[sunja]

Thinking of trying to get a domain to target the nintendo DS.
Do you think there will be legal issues if the domain includes the word "DS" (but not nintendo)?

thanks.
-sj.

 

[domaingenius]

It would be a tight call. It would depend what the website was used for and whether it would confuse people who visit into thinking it was a Nintendo website.,
DG

 

[myst.erio.us]

I doubt anyone can trademark two letters unless the letters formed a specific term like DS Auto Supply or DS Real Estate which is why Nintendo doesn't market the "DS" but the "Nintendo DS". In fact, I doubt that any acronyms can be trademarked by themselves. Like "AAA" would be too generic, but "AAA Auto Club" is not. If you read some trademark files, you'll note that for example, Apple Computers, INC. might say something like "Claimant makes no claim to the use of the term "apple" seperate from "computers"." and I would imaging vice versa.

My point basically states that your domain should be fine if it doesn't include the name "Nintendo" in it; especially right next to "DS". I would hate to think that we live in a world where every word we say or write can have some kind of copyright infringement tied to it. It always makes me mad when I think about Donald Trump trying to trademark the phrase "you're fired", but I get a little happier just knowing that somewhere out there, there are courts throwing out crappy cases like that.

Good luck!

 

[DNQuest.com]

I doubt anyone can trademark two letters unless the letters formed a specific term

HP?
MS?

The basic gist is accurate though. Acronyms are tough to enforce, but it depends on usage. If you market Nontendo's or other gaming systems, then it ould be viewed and stealing traffic using the DS term. If that could happen or not, I don;t know. But that would be the thinking and I do feeel domainers are at a disadvantage initially when there is a challenge (we are all evil cybersquatters, ask any attorney for a TM holder).

 

[sunja]

thanks for all your replies. There were a few DS related domains I was thinking about, but I don't think they're "premium" enough to warrent the reg fee.