Flowers.mobi makes Rick Schwartz richer despite loss

[Theo]

The Domain King cannot possibly lose!

 

[-ET-]

Did he really pay?. I thought .mobi bumped the prices by giving mr800king 200k booty to bid.I guess he'll be showing a 6.5k profit

And i doubt if IRS folks will buy a 193.5k loss which he shows?.

 

[dn-101]

“Flowers” being a trademark??
No way!

 

[-ET-]

“Flowers” being a trademark??
No way!

"Apple" being a trademark?? - All the way!! Yes

Its 1800-flowers

 

[dn-101]

Apple is a TM for computers only.
If another guy sells apples, he can get TM for fruits.

 

[snicksnack]

Apple is a TM for computers only.
If another guy sells apples, he can get TM for fruits.

I somehow doubt that you can get a TM for the word "apple" for selling fruits/apples.

 

[dn-101]

I somehow doubt that you can get a TM for the word "apple" for selling fruits/apples.

I somehow doubt that you're a lawyer

 

[-ET-]

Apple is a TM for computers only.
If another guy sells apples, he can get TM for fruits.

Really?. I will start selling Apples online from today. Can you help me in getting an "Apple" TM for my website which sells "Apple Online". If you can apply a TM without any oppositions and get one. I am ready to pay you whatever you can think of.

Do a bit of googling before you post such stuff on public forums.

 

[snicksnack]

I somehow doubt that you're a lawyer

you are right, I am not a lawyer, it was just my common sense, which I expressed.

 

[james2002]

Really?. I will start selling Apples online from today. Can you help me in getting an "Apple" TM for my website which sells "Apple Online". If you think you apply the TM without any oppositions and get one. I am ready to pay you whatever you can think of.

Do a bit of googling before you post such stuff on public forums.

Good idea. I would register BuymyAppleoneaday.com and apply for "Apple" TM for fruits. LOL.

 

[PRED]

the reason you wouldn't get a tm for 'apple' for selling fruit is the term is too generic
apple sell macs, phones etc. they wopuld have been granted the tm years ago because they weren't in the 'fruit game' lol
the reason you wouldn't get a tm is nothing to do with corprate bullies blocking a tm , it's to do with the patent office not allowing you to register generic words as tms
if you were granted it, expect apples lawyers to block it and threaten you. not saying that's right but sure would happen

the US office is less stringent as the UK one though. it has happened in past before

i would imagine apple computers also have almost every category relating to print, internet, pcs, clothing even anyway in tm anyway

not fruit though

as far as the baove nonsense about flowers being a tm, see above.
interflora, 1800flowers etc have no right to word 'flowers'

in the uk you can't tm the actual domain anyway, with extension. not sure in US if still the case. i know you used to be able to

 

[britishbulldog]

In the U.K and Europe no chance in a million years but in the U.S it seems you can TM anyhting even generic descriptives,as they say only in America.........

I once lost cheaphotel.net in a wipo even though i presented them with a letter from the patent office fromj the U.K saying it's to generic and cannot be trademarked in the U.K,guess what i lost because cheaphotels.com has a TM in America.......

Only in America,the USPTO are a bunch of idiots imho.

 

[Theo]

Obviously, the challenge is to use Flowers.mobi and compete with Flowers.com - let's see how fast the 1-800-Flowers guys knock on your door.
Regarding Apple and "apple" just visit http://apple.gr for an example of a non-competing use.

 

[-ET-]

Good idea. I would register BuymyAppleoneaday.com and apply for "Apple" TM for fruits. LOL.

My bad*. Why did i post such a brilliant idea on a public forum. I have competition now.

---------- Post added at 10:32 PM ---------- Previous post was at 10:09 PM ----------

In the U.K and Europe no chance in a million years but in the U.S it seems you can TM anyhting even generic descriptives,as they say only in America.........

I once lost cheaphotel.net in a wipo even though i presented them with a letter from the patent office fromj the U.K saying it's to generic and cannot be trademarked in the U.K,guess what i lost because cheaphotels.com has a TM in America.......

Only in America,the USPTO are a bunch of idiots imho.

Cheaphotel.net was a bad decision. I see the .com and the .net now are owned by different people.

I don't think there is much left in USPTO for anyone to even think of a T.M. Everything from "Apple" to "Sex" is T.M.

Again, Only in America.....

 

[Gerry]

Regarding Apple and "apple" just visit http://apple.gr for an example of a non-competing use.

Precisely.

I am amazed at the confusion over the concept of a Trade Mark.

The logo, the design, the concept, the art, the presentation, and the product itself can be trademarked, patented, and copyrighted.

Forget UDRP. It is the patent and TM attorneys that really have the say in regards to what can and can not be TM'd.

A computer manufacturer coming into the game right now and attempted to TM the word "apple" as their product line would get nowhere and would be just wasting money as the TM is kicked back.

Common sense prevails. Trade Mark is precisely that - a 'Mark' (words, logo, art, packaging, slogan) used in conducting a "trade". The same goes for SM - Service Mark.

---------- Post added at 01:18 PM ---------- Previous post was at 01:16 PM ----------

Also, speaking of Apple:

Apple Trademarks “There’s An App for That”

They did not TM individual words. They TM'd a set of words and how those words are used in conducting their trade.

 

[dn-101]

Theo, a few words about taxes. I know for a fact that it's a national pastime in Greece to evade taxes.
And it's not diff in the Domainland.
And so your title is somewhat misleading.

 

[Theo]

dn-101 I don't live in Greece and my CPA is a top professional.
Taking a loss on property "makes you richer" by lowering your earnings and thus your taxes. Math 101.
So you call the title "misleading" while I'd call it a "click bait".
After all, this is the DomainGang subforum

 

[katherine]

I once lost cheaphotel.net in a wipo even though i presented them with a letter from the patent office fromj the U.K saying it's to generic and cannot be trademarked in the U.K,guess what i lost because cheaphotels.com has a TM in America.......

It's quite funny that after winning that udrp the .net is not even used, instead it's parked at godaddy, with sponsored links to competitors

 

[dn-101]

http://apple.gr[/url] for an example of a non-competing use.

Wouldn't Cherries be a more appropriate name?

 

[tekz999]

hahahhahaha well.. you can't always win.. but when you win most of time, then you will suffice XD