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.CO acquisition by DomainTools

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Dynadot - Expired Domain Auctions
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I have been using Domain-Tools.com since 2000 to provide domain tools.
 
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Deleted member 5660

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I would say you're safe as long as you don't attempt to use a "gear" logo :D


There are 2 trademarks, one for the gear and another on just Domain Tools text string. They never should have been issues a TM for the text string because (a) it is a descriptive term and (b) I was already using it in the same class that they were issued a TM.
 

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There are 2 trademarks, one for the gear and another on just Domain Tools text string. They never should have been issues a TM for the text string because (a) it is a descriptive term and (b) I was already using it in the same class that they were issued a TM.

Yes, there are two marks but a) descriptive terms can be tm's per use (registered or not) and b) you did not oppose the mark.
 
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Yes, there are two marks but a) descriptive terms can be tm's per use (registered or not) and b) you did not oppose the mark.

Descriptive trademarks can achieve registration if they achieve "secondary meaning." "Secondary meaning" occurs when customers come to recognize the particular term as having a second meaning, signifying a particular brand. Requires extensive advertising over long period of time. The descriptive trademark FROSTED MINI WHEATS was able to be registered after years of extensive advertising by Kellogg. The examiner should Look to whether competitors need to use the term and whether the primary meaning is descriptive. It is true I did not oppose it because I did not know about it but the TM office should have done due dilligence before allowing the registration.
 
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I looked up the application documentation. The UPSTO initially rejected it for the pricipal register because it was descriptive. DomainTools.com then disputed that and provided documentation that they say showed "domaintools" was used exclusively by them. However, they provided a goodle search of "domaintools" and my site came up sandwiched between DomainTools.com and the DomainTools.com twitter page (22-Aug-2011 letter, page 3). Then they claimed they used the term exclusively when their own submission to the USPTO shows that is not the case.
 

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Not sure what you're trying to achieve. But let me point out that you parked Domain-Tools.com until 2008, then forwarded it (to this day) to Network-Tools.com. So you probably have no legitimate interest in shuffling their mark.
 
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Not sure what you're trying to achieve. But let me point out that you parked Domain-Tools.com until 2008, then forwarded it (to this day) to Network-Tools.com. So you probably have no legitimate interest in shuffling their mark.

You are incorrect as the screenshots show. it is also interesting that DomainTools.com plasters their logo on top of screenshots of my web sites.
 

Theo

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KW - In what respect am I incorrect? The Screenshots.com captures show just that. I tried Archive.org but you've blocked that one. At any rate, if you have any beef against DomainTools you're wasting time debating it here; this is just a news report on the .co acquisition.
 
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