53rd.mobi: stands for Fifth Third, one of America's largest banks.

[cooldomain]

I have registered this domain for 53rd district in the area where one of my friends lives.

I however have a question, might there be TM issues with this domain?

Comment: the official website for this bank is 53.com, so the .mobi version should be 53.mobi, but .mobi just doesn't accept two-symbol or two-digit domains. Thus I registered 53rd.mobi (since 5-3.mobi was already taken and it contains a hyphen, which makes it hardly marketable on the US market.

I believe there are no TM issues with this domain, since 53rd, as it is spelt, means just "fifty third" and not "fifth third'. Need your opinion!

Thanks guys.

 

[DNQuest.com]

It seems to me you are intentionally trying to infringe on their mark (IE- stating how .mobi doesn't accept 2 letters). So you do you want to squat on their TM? It seems so. But it will come down to usage...

 

[cooldomain]

It seems to me you are intentionally trying to infringe on their mark (IE- stating how .mobi doesn't accept 2 letters). So you do you want to squat on their TM? It seems so. But it will come down to usage...

53 is not a TM, so I am not squatting it. You may want to PM me to discuss this domain.

 

[namewaiter]

well this actually stands for fifty third (53rd), not fifth third (5th3rd) which is the actual name as their first bank was on the corner of fifth street and third street.

if you really want a TM battle register 5th3rd.mobi

 

[cooldomain]

well this actually stands for fifty third (53rd), not fifth third (5th3rd) which is the actual name as their first bank was on the corner of fifth street and third street.

if you really want a TM battle register 5th3rd.mobi

I know that. But I picked 53rd.mobi since 53.mobi cannot be registered (two-letter) and since 53rd.mobi is not a TM violation.

 

[namewaiter]

I know that. But I picked 53rd.mobi since 53.mobi cannot be registered (two-letter) and since 53rd.mobi is not a TM violation.

ok ..... so why did you post here in the legal forum?

 

[cooldomain]

ok ..... so why did you post here in the legal forum?

I wanted to be sure there are no TM issues with this domain. If you want to discuss it in more detail, PM me.

 

[Domagon]

"Fifth Third" bank name is among the dumbest yet; "Tuesday Morning" (a retail store that recently opened in Wyomissing, PA) in my mind holds the title for dumbest name so far ...

But I digress, I'd never heard of Fifth Third until I got all the phishing spam ... for the longest time I thought Fifth Third Bank was some stupid jibberish name a spammer thought up.

Point is I wouldn't be surprised if the bank got bought, merged, etc and assumes a different name in the near future so it may become a mute issue eventually ... and anyways, a TM challenge on a number, especially when it could refer to so many other things would be tenious unless you plan to start a similar named banking institution on the domain.

Ron

 

[Duckinla]

Your domain doesn't have a TM issue in itself. But it sounds like maybe you're trying to make it into one with your plans for use? I'm not sure I understand. The title of the thread could certainly be used to make a case against you.

 

[DNQuest.com]

Again I will state... it is about usage. I still believe you want to capture the bank's traffic, and you could have issues.

 

[Deleted member 70408]

I wanted to be sure there are no TM issues with this domain. If you want to discuss it in more detail, PM me.

If you want to be "sure" there are no TM issues, contact a lawyer, or better yet, contact Fifth Third Bank. Perhaps they will even see this and contact you to let you know for "sure" whether there are TM issues. Other than that, you already have as "sure" of an answer as you will get from anyone here.

From your post in the auction section of this forum (http://www.dnforum.com/showthread.php?t=196978&highlight=53rd.mobi), the post title makes your intentions very clear: "53rd.mobi: stands for Fifth Third, one of America's largest banks. No TM issues!" And I would disagree with the later part of your post, especially if the bank would ever read it.

 

[typist]

I believe there is a udrp decision where something like 5-3.com (search for it) was transferred to this bank.

 

[Dave Zan]

Read the thread below for some related matter:

http://www.dnforum.com/showthread.php?t=197293

 

[typist]

I believe there are no TM issues with this domain, since 53rd, as it is spelt, means just "fifty third" and not "fifth third'. Need your opinion!

53 is not a TM, so I am not squatting it.

http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1208.html

The Panel notes that the entirety of the 53 Mark is included in the Domain Name.

Generally, a user of a mark “may not avoid likely confusion by appropriating another’s entire mark and adding descriptive or non-distinctive matter to it.” 3 J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition § 23:50 (4th ed. 1998).

Here, Respondent’s <5-3.com> Domain Name is confusingly similar to the FIFTH THIRD and 53 Marks because it contains the entirety of the 53 Mark, but for a non-descriptive hyphen.

Therefore, the Panel finds that the Domain Name is confusingly similar to the FIFTH THIRD and 53 Marks pursuant to the Policy paragraph 4(a)(i).

as previously pointed out by others - start thinking about usage.

 

[DNQuest.com]

As I suspected, as far as opinions as requested in the first post.... hello cybersquatter...

 

[cooldomain]

As I suspected, as far as opinions as requested in the first post.... hello cybersquatter...

Calm down . "53rd" is supposed to mean 53rd district. Don't worry.

Cooldomain (and not cybersquatter )

 

[jberryhill]

I believe there are no TM issues with this domain, since 53rd, as it is spelt, means just "fifty third" and not "fifth third'. Need your opinion!

And you didn't like 27th, or 86th, or 32nd.... why?

This is another flavor of BS that I find irritating....

53rd" is supposed to mean something that is 53rd, for instance, 53rd district or let's say the year when Russian ruler Joseph Stalin died (1953).

The question is why did you register this domain name. Yeah, I always find that when I'm out travelling and using a mobile device that I am in urgent need of information about Joseph Stalin.... Get real.

There are 90 other two-digit ordinal numbers. What made 53 so special to you?

 

[cooldomain]

"Fifth Third" bank name is among the dumbest yet; "Tuesday Morning" (a retail store that recently opened in Wyomissing, PA) in my mind holds the title for dumbest name so far ...

I agree with you, Ron. "Fifth Third" bank name is among the dumbest bank names. Yet I have heard of some dumber lawyer...

 

[Deleted member 70408]

I agree with you, Ron. "Fifth Third" bank name is among the dumbest bank names. Yet I have heard of some dumber lawyer...

I hope that wasn't a veiled insult aimed at John Berryhill.

 

[cooldomain]

I hope that wasn't a veiled insult aimed at John Berryhill.

No, that wasn't.