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KCGroup

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So, what is the protocol here. Say I get ToyotaNewYork.com or NewYorkToyota.com or something similar.
There is obvious value in these...but is there a trademark issue? Dealerships need these domains..

Thoughts?
 
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Biggie

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there is no obvious value, only wishful thinking on your part
 

KCGroup

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How so? If I were to open a Acura dealership in Dallas...wouldn't the goto domain for it be DallasAcura.com or AcuraDallas.com? Just trying to get a better understanding on these types of names.
 

atomic

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Did you really just ask if there would be a TM issue with those names?
 

KCGroup

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Did you really just ask if there would be a TM issue with those names?

I get the trademark being in there, but then is Toyota going around and suing every dealership that uses the word Toyota in its name? Every forum with the word Toyota in its name? Every online shop that sells Toyota parts?
 

atomic

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No, because the dealership has the right to use "Toyota." Plus, you can make a Toyota forum or whatever as long as you are not monetizing it. But, I'm no lawyer and if you are considering going that route consult an attorney.

Anyway, I don't think I ever looked for a specific dealership or whatever when buying a car. I just look on Cars.com, Edmund's, True Car, etc and just go to the dealership. So I don't even think there would even be value in those names. People just go on Cars.com or whatever, that's why most dealerships go with BrandNameManufacturer .com
 

KCGroup

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No, because the dealership has the right to use "Toyota." Plus, you can make a Toyota forum or whatever as long as you are not monetizing it. But, I'm no lawyer and if you are considering going that route consult an attorney.

Anyway, I don't think I ever looked for a specific dealership or whatever when buying a car. I just look on Cars.com, Edmund's, True Car, etc and just go to the dealership. So I don't even think there would even be value in those names. People just go on Cars.com or whatever, that's why most dealerships go with BrandNameManufacturer .com

Yea I hear you. Most forums monetize off of advertising. You have a valid point, but there are also decent google tool search volumes for city+manufacturer and vice versa.
 

Biggie

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Yea I hear you. Most forums monetize off of advertising. You have a valid point, but there are also decent google tool search volumes for city+manufacturer and vice versa.

perhaps you should "review" your posts on this forum


particularly, the thread where you claim to be a co-exclusive broker for thriller com

now think.... who would want someone soliciting for them, who also engages in the registration of risky TM names?

can you smell it now....
 

KCGroup

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perhaps you should "review" your posts on this forum


particularly, the thread where you claim to be a co-exclusive broker for thriller com

now think.... who would want someone soliciting for them, who also engages in the registration of risky TM names?

can you smell it now....

"Claim to be"? Are you insinuating that i'm making that up? Turns out I have a contract to broker that domain.

You seem to have it out for me for some reason today. Rather than being positively helpful, you are trying to put someone down.

I smell it alright.
 

atomic

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I thought Domain Holdings was brokering that name.... ? :rolleyes:
 

KCGroup

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Not according to my client and our contract which states exclusive rights to broker the domain.

But then again, seems to be a lot of shady stuff going on in the world of domains so who knows.
 

KCGroup

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perhaps you should "review" your posts on this forum
now think.... who would want someone soliciting for them, who also engages in the registration of risky TM names?

Word Mark: BIGGIE
Goods and Services
IC 028. US 022 023 038 050. G & S: Golf club grips; Golf clubs
Standard Characters Claimed
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number86037578
Filing DateAugust 14, 2013
Current Basis1B
Original Filing Basis1B
Published for OppositionDecember 31, 2013
Owner(APPLICANT) Callaway Golf Company CORPORATION DELAWARE 2180 Rutherford Road Carlsbad CALIFORNIA 92008
Attorney of RecordSonia Lari
Type of MarkTRADEMARK
RegisterPRINCIPAL
Live/Dead IndicatorLIVE

Can you smell it now? Really gonna pull that card on me? Jesus...
 

KCGroup

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On top of multiple other trademarks for the word "Biggie" that were trademarked before you registered the domain. So how can you sit there and talk down on me? Makes no sense.
 

Biggie

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"Claim to be"? Are you insinuating that i'm making that up? Turns out I have a contract to broker that domain.

You seem to have it out for me for some reason today. Rather than being positively helpful, you are trying to put someone down.

I smell it alright.

one thing has nothing to do with the other

not making any insinuations, just stating a fact...no more.

you, started this thread, and you put your contemplations out there.

I just stated what I thought of it
 

amplify

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@Kidd Wunder , didn't you attack me for using DJW.net as there is a TM for DJW? One thing you need to get through your head about trademark is fair use. BIGGIE is a golf company, biggie.us redirects to a domain site which insinuates he's in the business of domaining. DJW are 3 random letters for initials. I use them for a plethora of things. I do not however use them for a salon.

Furthermore, you're right. A lot of forums operate and monetize them based on manufacturers. A good example of this would be http://www.fordforum.com/forum/, having Google Adsense all over their page (5 instances, which breaks TOS). Does merely the footer of, "Ford® is a registered trademark of the Ford Motor Company." protect them from owning that dot com? Or has Ford given them permission to run a forum of which has 60,000 members and most likely gets a lot of generic search traffic? Questions to be answered by them, most likely. Could it also be that Ford has specific TM usage guidelines for anything (e.g. Google with Android)?

You do have a valid questions about geo + manufacturer.com, which should have been addressed in a professional manner by any member.

With that being said, professionalism should be taken on your part responding to members (especially your "TM claims" that we're all aware of ourselves, or we wouldn't be using them). Otherwise, you will no longer get responses in the future, to anything. Didn't anyone ever teach you not to burn bridges?

I however do not have that answer for you with these types of names. Are only authorized dealerships allowed to use a domain name of this nature? Have their been any WIPO cases involving these names and for what purpose? Something you could research about and read panel decisions. Could you as the respondent argue the fact that you lived in X and hoped to one day operate X Ford (xford.com)? Is that enough to get away with it? Could you park it in the meantime to monetize it or would it have to not resolve?
 
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