A generic domain name question

elbst23 · Mar 20, 2006

a ringback is the new up and coming ringtone. How it works, is that when someone calls your phone, you can choose for them to hear a song instead of a ring.

its called a ringback

now, what if someone owned form ringback domains. like ringback.net or ringbacksong.com

note, I do see people already parking ringback domains, ringtone domains were parked as well...

my question is, is the term "ringback" generic, or is it a trademark. I know Verizon promotes and markets ringbacks...

this artice shows that

http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1676

t mobile first launched ringback, and then others were gonna follow suit, although to date, I have only heard of Verizon ringback tones, and other companies may or may not have launched them. They could launch a ringback,and brand it as something else...

at any rate, is a domain with ringback in it, such as ringbacktone.com, generic. (note I don't own ringbacktone.com, just using it as a comparitive example...)

thanks

Dave Zan · Mar 21, 2006

I can argue that ringback is generic. But I can't use it to get a free ride on all
and existing TM registrations bearing the term "ringback".

elbst23 · Mar 22, 2006

Dave, thanks for the response. So, I still have the same question I had when I wrote the post.

If I launch a domain name with ringback in it, and more likely than not, ringback and ringtone ads would show up - could I be at risk for a c & d or any other sort of legitmate concern.

or, is the term ringback generic enough so that, for example, a ringbackphone.com domain with relevant ads onto it wouldn't cause me trouble? (again, I don't own ringbackphone.com but just wanted to use an example)

thanks!

domainer111 · Mar 22, 2006

I read an article here in Ireland about ringback tones and my impression is it was generic. There was certainly nothing in the article tying it to any specific provider.

My understanding is that a ringback can be created by anyone i.e. it's not a patent. I could be wrong on this.

I judt check the TM db and I really would conclude that ringback is a generic term.

There around ten live Tms all using the word ringback. One of them includes this:

"NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RINGBACK" APART FROM THE MARK AS SHOWN"

..which would imply the ringback is generic. Just my opinion based on what I see.