Common dictionary words TM'ed?

[RegFee]

Could common dictionary word .com's be trademarked?

For example, about.com
Would aboutfrogs.com or aboutsearch.com or anything like that be infringing on about.com's rights?

Overture is a little trickier. It's a common dictionary word, not like yahoo or google, but everyone knows overture as the search engine, there's really no mistaking it for something else. So if you registered OvertureRankingTips.ext or MakeMoneyWithOverture.ext, would that be wrong?

I've seen a few posts touch on this, but I just wanted to see if I could get everyone's opinions in the same place.

Thanks,
azt

Sorry, I realize now that there's more threads about this than I thought. So unless anyone wants to give their opinions on dictionary word domains again, just forget I asked. :-#

I would still like everyone's opinion on Overture_____.com domains though.

Thanks,
azt

 

[Dave Zan]

Could common dictionary word .com's be trademarked?

Any word can be trademarked. But common words can't be trademarked for
their "common meanings" (i.e. apple = fruit, caterpillar = butterfly, etc.)

For example, about.com
Would aboutfrogs.com or aboutsearch.com or anything like that be infringing on about.com's rights?

It's one thing to infringe, it's another if the domain name is being used that is
different or unrelated to the trademarked party's use.

So if you registered OvertureRankingTips.ext or MakeMoneyWithOverture.ext, would that be wrong?

The $64 question actually is "What did I register the domain for?".

 

[namedropper]

Yes, Overture___.com names would be wrong, if you are using them to refer to Overture the search engine. That's inringing upon their mark. The examples you gave are obvious violations.

 

[RegFee]

Yes, Overture___.com names would be wrong, if you are using them to refer to Overture the search engine. That's inringing upon their mark. The examples you gave are obvious violations.

Thanks. I found an overture name that I think would valuable, but from what I read, the risk of tm violations just isn't worth it.

-azt