Are Ultrabook domains off limits now because of Intel's TM?

[ClayofCO]

I am not a domain trader, but have collected 60+ domains. Last spring, I heard the term "ultrabook" and thought I would speculate on a few domains with that term. I found four good domains, and now am using them in my first experience with parking on NameDrive. The domains are all general and related to the ultrabook marketplace, not to a specific product. This week, I heard that Intel has trademarked the term ultrabook. Since these domains rely on that term for traffic, can I be accused of cybersquatting?

 

[BostonDomainer]

Yes

 

[Jeroen]

The trademark for Ultrabooks related to laptops is around since last year: http://www.trademarkia.com/trademarks-search.aspx?tn=ultrabook

There were some nice domains available indeed but i also didn't register any because of the TM.

 

[draggar]

Here is a good question to ask for future reference:

If it wasn't for (company) would the domain have any value?

For example, if it wasn't for the company Microsoft the domain microsoft.com would be worth very little (maybe from branding potential standpoint but that's it).

And another question:

Does the domain have any use that is 100% outside the realm of the trademark / company?

Apple, Adobe, Dell, Gateway, and Oracle are all generic terms. Now, obviously AppleComputers.tld would be an extremely badidea but ApplePie.tld is pretty safe - as long as you stay awya from Apple's produts.

 

[ClayofCO]

Just for clarification. The trademark application was filed by Intel on May 31, 2011 (USPTO.gov). If I purchased ultrabook-related domains before that date, are they safe? Or, does trademark protection extend back to the time of "first use" in interstate commerce? Also, I see the term "ultrabook" being used generically by journalists and computer manufacturers all the time without a trademark symbol, yet I have seen no indication of challenges from Intel. How does that affect trademark claims? I will gladly abandon the domains if I don't have the right to use them, but I just want to be sure before I do. These are not the domains I own, but they are of the nature of "ultrabookdepot" or "ultrabookfever" (all dotcoms) kinds of domains. Thanks.

 

[katherine]

Regardless of the actual trademark application date, did you have knowledge that Intel was branding that term ?
Also, from post #4 above:

If it wasn't for (company) would the domain have any value?

That's the kind of question that a UDRP panelist would ask.

I think these domains are effectively nuked.
When you sit on domains for a long time without developing them (establishing rights through usage) there is always a risk somebody will begin using the term and achieve notoriety. Your domains then become difficult to use.

IANAL of course.

 

[Gerry]

Ultrabook could be a little touchy, even though Intel did TM the thing.

I'll have to take a closer look at ads for Ultrabooks to see if there is a disclaimer authorizing use.

I would not be surprised at all if we start seeing stuff like ©Dell®™ Ultrabook®™ to clarify the holders property.


As for regging a name before awarding the TM, a panelist is going to look closely at date of first usage and when application was filed.

I was also reading about this the other day (an article about the flood of Ultrabooks getting ready to hit the market) that the term "Ultrabook" applies to a very strict set of criteria and specs to be considered an "Ultrabook" which also restricts the wanton usage of the word. Personally, I think that definition alone will help define and uphold Intel's claim of usage and ownership.