Your advices are needed for this case

[owntag]

I have a good sounding LLLL.com (CVCV) domain name e.g. CVCV.com which was registered in Dec, 1995.
It's a good sounding CVCV, easy to remember and highly brandable. I have developed it into an online flash game site and it works really well so far.

However, I just noticed the CVCV has been registered as a Trademark.

Word Mark: CVCV
Translations: "CVCV" is the pronunciation of the name of a famous hero character of a legend.
Goods and Services
Trademark Filing Date: Nov, 1995
Published for Opposition: Jan, 1997
Registration Date: Nov, 1997

Goods and Services:

games, playthings and sporting goods, namely, collectible toy figures and action figures and action figure accessories, talking toy figures, collectible toy figures, [ electronic or mechanical toy batons, toy milk caps, windup toys, ] plush toys, toy vehicles, dolls and role playing game equipment in the nature of male action toys and models, activity sets and playset environments comprised of mini figures/scene displays, toy figures, [ spin-top toys; electronic toys, namely, video game machines, hand held units for playing LDC and LED games, computer game software and video arcade game machines

I have 2 questions here:

1. Considering the registration date and Goods and Services descriptions, can I run the domain for online flash game site?

2. A serious issue. The CVCV is the pronunciation of a famous character of a legend hero, and this character has been on Movies and lot's of Video Games, there are also many flash games about this character. Also, the adsense sometimes shows game advertisements relate to this character. Should I remove all flash games regarding this character? Or should I put disclaimer statement on my website? Then as for the adsense ads, it's unavoidable.

Your opinions are needed, thanks in advance.

 

[owntag]

Any input? thanks

 

[Melly]

I would personally take the website down.

 

[copper]

Humm...
Sounds like you are infringing on their TM.
What good would taking the site down do?
TM owner can easily find your site on archive.org and/or on google.

On the other hand, TM owner didn't bother with your domain for more than 13 yrs.
Or, did they already contact you?

If they didn't, how about...
Transfer the domain to someone else you know which would show
entirely different whois and make site that has nothing to do with TM?

It's just my opinion and I am not a lawyer

 

[owntag]

Thanks, Melissa and copper.

No, they didn't contact me. I just bought the domain for a few weeks as a great CVCV. Haven't thought it could be a TM until checking google and TM database.

I will wait for more opinions and suggestions here and do the right thing.

Thanks again.

 

[theinvestor]

I wouldn't worry about it owntag. I know which name you're talking about...the flash games have nothing to do with the trademark. I guess they may rule it to be similar...but with that name....you can develop it into almost anything.

 

[owntag]

I wouldn't worry about it owntag. I know which name you're talking about...the flash games have nothing to do with the trademark. I guess they may rule it to be similar...but with that name....you can develop it into almost anything.

Thanks, theinvestor.

Yes, you may think of the correct domain since it was in namejet auction then I bought it here @ DNF.

Per their TM Goods and Services that it includes games and computer game software, it's too general here and I'm not sure if flash game is part of it. Or if I remove the flash games about this TMed character and add a disclaimer in website, does this help?

Thanks again.

 

[Theo]

games and computer game software would fall in the same TM class as flash games - which are, essentially, computer games.

 

[owntag]

Thanks Acro

Do you think if I remove such game from my site and also add a disclaimer says so will be treat as using in good faith?

I'm also unsure about the adsense thing.

 

[copper]

Adsense - You can block certain advertisers within your adsense acct.

 

[owntag]

Thanks, copper, I totally forgot this filter option. Will do.