videoshop.com TM issue

[123water]

Hello,

Please help about videoshop.com TM issue.

video shop is generic words which just coffee shop and book shop.

tea shop.....etc.

Do the videoshop trade mark owner could get back videoshop.com ?

Please give me some advice. Thanks advance.

 

[Devil Dog]

All trademarks for "video shop" and "videoshop" are dead.

These are the only live ones that come up for me at ustpo:

1 78402296 3003966 THE SPEECH VIDEO SHOP TARR LIVE
2 75713210 2650967 SHOPAUDIOVIDEO.COM TARR LIVE
3 74601702 1962954 AMERICA'S PLACE TO SHOP FOR VIDEO GAMES TARR LIVE

 

[123water]

The videoshop trademark owner give me following info:

Yes, that was AVID corporation who sold VideoShop to Strata. They canceled the trademark as their trademark in their name - but it does not mean that the trademark itself was canceled. In the United States a corporation is not required to register a trademark in order for it to be a legal and enforceable trademark. Strata has the paperwork on the trademark purchase, the history to show use, and we continue to claim it as a trademark in virtually all of our corporate correspondence - each of which are legal vehicles to show trademark validity. Registering a trademark is not required - it is simply a fourth way to demonstrate claim on a trademark.

 

[actnow]

If you want to keep the domain, I suggest you contact a TM lawyer before the
issue escalates.

I suggest you contact one of the following lawyers

Stevan Lieberman - aplegal.com
John Berryhill - JohnBerryhill.com
Ari Goldberger - ESQwire.com

It will cost to have a professional lawyer involved. But, it might reduce
your chances of losing this quality domain.

At the present rate, I speculate the corporation will file an UDRP just to take
the domain away from you.

 

[DNQuest.com]

It seems Video Shop is a Strata product for video editing. It can be argued that video shop is descriptive, using it for more than a link page would of helped your cause. On this one, you may want to contact one of the lawyers here so you get the best help possible.

 

[123water]

Thank you very much for your help.

How much does is cost for hire a lawyer which help me out ?

 

[DNQuest.com]

Depends on how much the domain is worth to you and how agressively you want to pursue the matter. A good lawyer may get them to back down with one letter, then the costs are minimal, but if the TM holder wants to realy break you, it can cost alot.

 

[123water]

I find some info here regarding Generic and Descriptive Terms

http://www.sandiegobusinesslawfirm.com/domain_name_trademark

Generic and Descriptive Terms

Domain names that are generic or descriptive in nature cannot be registered because they fail to designate a distinctive product or service. Consider our domain name, “sandiegobusinesslawfirm” is comprised of generic terms and describes who we are, to wit, a San Diego business law firm. This domain name cannot be trademarked. The same result would occur with bank.com, book.com, advice.com, etc.

You may be thinking, “What about ‘Coke?’ Coke is a trademarked term because it is a distinctive term for a soft drink product. It just so happens that a brilliant marketing plan has convinced most people to refer to soft drinks as “cokes”, even if they actually prefer another brand!

Trademarks are an important factor in protecting your domain name. Armed with a trademark, you can keep competitors from pulling traffic off the search engines when people search for your name.

 

[Dominata]

Does that mean that Photoshop (tm) is not an enforceable trademark.
GEESH!

 

[Creature]

This is a valuable name. Don't do anything apart from speak to a domain lawyer now.

 

[123water]

Why videoshop trademark dead still want to get videoshop.com ? Just want to scare domain name owner ?

 

[LizzeyDripping]

And when you have finished checking out the USPTO site, you might want to remind yourself that this is not the only country in the world that has trade mark laws by visiting some of the other jurisdictions that may apply...http://www.pcug.org.au/~arhen/

Not all of these have online databases, but perhaps a reminder to THINK GLOBALLY and look outside individual national borders - remember the internet is worldwide!