Do you register TM domains

[DomainMagnate]

Just wondering what are your opinions on regging TM domains that might bring traffic
So which is more like it for you?

1. If I think it's gonna get traffic/rev, I'll register, no matter if it's a TM
2. I register TM names if they are not owned by companies known to be going after domainers for cybersquatting.
3. Very rarely..
4. Never

 

[fatter]

I never do, not even an issue of getting caught I Feel it is stealing from a businesses reputation and add dollars spent on building a brand, I do register typos of generics because even if a TM is issued in the future I dont feel any one has the right to capitolize on basic commonly used words like cars cats dogs diabetes etc. Its another story with generic combos making a brand name I stay away from them like pet smart etc.

 

[Thomas Nash]

No, Never

 

[simon]

never register a TM domain; its dangerous :jaw:
only bad people do register them

 

[katherine]

You can register .TM domains legally :smilewinkgrin:
http://www.nic.tm/

 

[Bill Roy]

Bad news for anybody who has the word 'easy' (or any similar sounding word, i.e. 'ezy', 'eazy', 'esi', etc.), a certain gentleman who runs an airline here in the UK won a court battle that his company owns the TM to the word and any similar sounding words. Stupid, daft, outrageous, etc., etc., I know, but this is how daft the TM law is and open to such wide interpretation.

I do not 'knowingly' reg TM names as they do not seem worth the hassle to me personaly, however with such daft and often contradictory decisions being passed on what constitutes and does not constitute a breach of a TM I am not able to say 'I will NEVER register a TM domain'.

 

[katherine]

I know who you mean but he does not always win
Not sure if he is still bullying domain owners
http://www.theregister.co.uk/2002/09/16/stelios_faces_challenger_in_easy/
http://en.wikipedia.org/wiki/Stelios_Haji-Ioannou
http://www.out-law.com/page-3545

 

[Bill Roy]

Sdsinc, whether the gentleman in question or not, it is just daft beyond all reason the the TM law is so lax in clarity that he should ever win. Of course there are loads of other examples as well.

The TM laws as they stand bring themselves into disrepute, the unfortunate thing generally is that it is the small guy, whether in domaining or otherwise, who often ends up losing just due to the wealth of the bigger guy.

Sorry MG, I did not mean to hijack your thread.

 

[Theo]

Sdsinc, whether the gentleman in question or not, it is just daft beyond all reason the the TM law is so lax in clarity that he should ever win. Of course there are loads of other examples as well.

The TM laws as they stand bring themselves into disrepute, the unfortunate thing generally is that it is the small guy, whether in domaining or otherwise, who often ends up losing just due to the wealth of the bigger guy.

Sorry MG, I did not mean to hijack your thread.

Bill, if you're referring to Stelios Haji-ioannou and his easyjet empire, I believe it's only fair that he goes after abusers of his marks; the fact that he has expanded into other "easy-" products and thus tm's is not to be confused with predatory or frivolous assault on owners of generics.

 

[typeins]

haha bring it on.. we have heaps of domains with the word easy in them.

All reged in 95-98.. havent lost a wipo yet

 

[Bill Roy]

Oh dear, the word 'easy' is no longer a generic term?

I will not even bother debating the point with you, I will just leave it up to members to form their own opinions as to whether or not the word 'easy' is a generic word used in everyday English language or should be considered as a 'universal TM'.

This is my last post on this subject as it is hijacking the thread as I have already pointed out.

 

[DomainMagnate]

np with hijacking the thread, it's an interesting issue

I suppose the TM on easy, or generally in similar cases depends on the context the word is used in the domain, does that make sense?

 

[typist]

I agree with Simon.

Better stay away from others' trademarks, to avoid trouble.

 

[Bill Roy]

Hi MG, one would have thought so, but basically the argument used by the gentalman concerned (or his very expensive lawyers anyway) is that the word is now associated with his company in the minds of the public, some he wins some he loses, this is the problem about the 'interpretation of the laws and rules. I wonder though whether they would be interested in a domain like 'easyjerko*f'? :lol:

But it neither starts or stops there, Harrod's is a major up class department store in London, they took a fruit and veg street barrow trader to court for calling his barrow 'Arrod's' (in old London dialects the 'H' was often dropped by the populace). Needless to say Harrod's won the case and were awarded costs of £x,xxx's against the street barrow trader. There was no confusion in the minds of the public and no harm was being caused to the Department Store, it is just big money throwing their weight around and out hitting the smaller guy because of the depth of their pockets.

In another case the BBC threatened a child nursery in Canada with court action over their web address if they did not hand it over, and yet a firm of accountants who also had a 'similar' web address they purchased their web address for in excess of £xxx,xxx, again the BBC treated the smaller more vulnerable (less able to defend themselves) with absolute contempt and yet negotiated a purchase with the accounting firm because they would more than likely be able to contest the case in court successfully! (I will look up the details tomorrow and let you know the dates and names involved, it is 4am here now.)


I think most people would agree that the TM law needs to be revised substantially.

 

[gdurni]

Option 4. Never

I used to think it was okay, but just too dangerous now...I don't want any trouble...

 

[DomainMagnate]

Option 4. Never

I used to think it was okay, but just too dangerous now...I don't want any trouble...

thanks for the post.

Why dangerous, the worst that can happen is you just give them the domain.. or can they still come after you?

 

[taboo]

It's best to use common sense, and stay away from typos of well known trademarks.

 

[owenw]

Why dangerous, the worst that can happen is you just give them the domain.. or can they still come after you?

You're kidding, right? You can be liable for damages, attorney's fees, have to front court, hire your own lawyer, etc, etc. It's just not worth it.

"The rightful trademark owner can elect actual damages or statutory damages of $1,000 to $100,000 per domain name, and can even claim attorney's fees in exceptional cases of willful bad faith.

Under ACPA, a court assessed one typosquatter damages of $500,000 for his registration of five domain names similar to the trademarks owned by Electronics Boutique. Another court forced a squatter to disgorge nearly $2 million in profits"

http://library.findlaw.com/2004/May/11/133410.html

 

[dolansco]

Option 4. Never

I used to think it was okay, but just too dangerous now...I don't want any trouble...

It is stealing ... just like a common pick-pocket.

anyway
I know about one cocky typosquatter, who was using fake whois and was not from the USA. A casino sued him succesfully in Nevada court for $200K in damages, then with a court order to the registrar tracked him down via credit card and now he can not go to the USA because he would be arrested at the airport immediately upon arrival (or similar).

Lex Luthor springs to mind ... real bad eggs

 

[snicksnack]

I think it is very dangerous to register or buy TM domains