Flippex.com

[Cr3ativity]

Growing tired of buying domains names from GoDaddy auctions, I decided to register my own --> Flippex.com

Flippex will focus on real-estate, specifically, flipping houses to earn revenue. I already have the logo drafted in Photoshop and will need to start working on the website itself.

Any suggestions/comments? Would you consider the name brandable?

 

[Theo]

You might hear from Flippa, they have a registered trademark: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77815704
The mark is quite broad so that it can incorporate any service or product:

Dissemination of advertising for others via the Internet; Operating online marketplaces for sellers of goods and/or services; online trading services in which sellers post items to be auctioned and bidding is done electronically; business monitoring and consulting services, namely, providing information, data, statistics, analysis, and news in the field of online business

 

[dcristo]

I don't think you have anything to worry about. Flipping is a generic word and it's just a play on that word. Not that I particularly like the name though.

 

[Theo]

I don't think you have anything to worry about. Flipping is a generic word and it's just a play on that word.

When a 'generic' is altered to suit a brand, such as Flippa or Flippex, the enforcement of a registered mark is expected when the goods and services are covered by that tm class.

 

[dcristo]

When a 'generic' is altered to suit a brand, such as Flippa or Flippex, the enforcement of a registered mark is expected when the goods and services are covered by that tm class.

Can you give me an example of such a case?

 

[Theo]

Can you give me an example of such a case?

What case? This is basic tm law.

In this case, Flippa is a registered trademark for the auction, exchange etc. of goods and services. Flippex is confusingly similar for a range of products covered by the tm's class.

As a tm holder, Flippa would be expected to enforce their tm should they find out. It'd actually be ironic, since they allow tm domains to be sold on their venue

 

[dcristo]

I am aware about using words that are confusingly similar to a brand name, I just thought that considering the word in question is a generic, it changes the situation. I am asking of cases of when a popular brand, which is a brandable generic, has filed a dispute for TM infringement.

 

[Theo]

The word 'flipping' is a generic. The word 'flippex' is not, the same with 'flippa'. The latter, owns a trademark.

 

[dcristo]

The word 'flipping' is a generic. The word 'flippex' is not.

That's my whole point. Because we're talking about a generic word there is no case (at least that's my understanding).

 

[Theo]

Is it lunch time down under yet?

The OP registered Flippex.com
Flippa.com owns the 'flippa' mark, in a class that covers the auction of goods and services.
There is no generic term involved, and if it were, it'd be subjected to use.

Trademarks cover classes or ranges of products or services. You can't have two of the same being confusingly similar. E.g. Flippex is probably unregisterable in the US, given the existence of the Flippa tm.

 

[dcristo]

I am confused at the best of times. But what is bloody confusing is these TM laws! I am not big on brandable domains, but I would have thought there would have been zero issue with this domain name. So much to learn

 

[Theo]

The problem isn't the proximity of those spin-offs, but the proximity along with the class covered by the tm'ed one. Can Flippex.com be used as an antibacterial soap brand? Most definitely.

 

[Cr3ativity]

Honestly, I don't see how Flippa has anything to do with Flippex. Both domain names focus on two different industries that are nowhere near one another. If you think about it, "iPhone", was not an Apple trademark. It was originally registered by Cisco. My point being is, if two companies can use the same trademark...then how can Flippex possibly cause any harm?

 

[urlurl]

isn't the business line completly different - he said he was looking at setting up a site for people to flip houses - not web sites????

 

[Theo]

isn't the business line completly different - he said he was looking at setting up a site for people to flip houses - not web sites????

Read again the description of the tm class for "flippa". It's in blue.

Honestly, I don't see how Flippa has anything to do with Flippex. Both domain names focus on two different industries that are nowhere near one another. If you think about it, "iPhone", was not an Apple trademark. It was originally registered by Cisco. My point being is, if two companies can use the same trademark...then how can Flippex possibly cause any harm?

Apples and oranges. Focus on the current issue: Flippa owns a tm for a venue to sell, trade, auction and otherwise *flip* (keyword) goods and services (my bolding). It doesn't say "domains".

 

[dcristo]

That is bullshit that they can own a trademark which is that broad.

 

[Theo]

That is bullshit that they can own a trademark which is that broad.

The fact is they do, that's what matters. Then again, I'm not a lawyer and I don't play one online If Flippex.com were on the market tomorrow, I would do the same thing I did earlier before I'd bid: searched the USPTO for a Flippa-related mark. It's there and it covers the *flipping* of "things". You can try FlippexHomes.com and probably be ok.

 

[dcristo]

Yeah with this knowledge I'd piss the domain off. I don't think it's anything special anyway.

 

[urlurl]

so what you are saying any name/site on the internet that contains flip (which is self explaintory - and would involve flipping something) is in violation of the TM ie. flipping, flip, flips, flippers, etc.???

im not a lawyer at all - but you would think common sense would prevail here - the names are not that similar.

i dont think the US or Canadian TM offices would allow such an open/blanket TM to be registered

my 2 cents

 

[dcristo]

Yeah it makes little sense you can register a TM this broad. Outside of the IM industry which is tiny in the scheme of things, no one would know about Flippa.