TM issue? Please help!

[whoiss]

I could use some help on a possible TM issue in a domain name. I've registered some domain names that are comprised of a large international corporation's name plus a geographic location. A very close example (not actually what i've registered) would be DellCalifornia.com or SonyLosAngeles.com. My domain names are parked and i've done nothing with them (no attempts to sell or develop). If the large corporation suddenly becomes interested in my registered domain names (as I suspect they may), do I stand to lose these domains on a trademark issue because part of the domain name contains their name? This may be a silly question, but i ask because i've noticed that many domain names like this are for sale on various websites without apparent legal action by this particular company (or other similar companies for that matter). thanks, whoiss

 

[Andrew Shaw]

Domain names that infrindge on TM's are always at risk. Sony "for example" is tradmarked. Anything with the word Sony in it is infrindging on sony's TM. No matter how you use it, if you are registering the name to gain from a TM that is already ested, you are infridging on the tradmark.

Take for example the following POSSIBLE infrindgments:

Sonyness.com
sonie.net
soney.org
slony.fm
sonybaloney.be
sssooonnnyyyy.info
sonygoods.whatever

If you do not have sony's permission, you always stand the chance of having it taken away. Many people take the risk, and many people dont get a C&D, but its possible.

 

[whoiss]

Ashaw, thanks for the reply. How did you know that the word "Sony" was tm'd? I've looked at the uspto site and it appears that there are trademarks for stylized versions of my domain's name using a certain font and color, but i'm not sure if that includes the company's name in any other font. Should I assume that every large company has their own name tm'd? The name of the company is a very recognizable family name, similar to the Dell example i mentioned...

Also interestingly enough <www.sony.com> , and <sony.com> are listed as dead TM's by the uspto.....

 

[Dale Hubbard]

You betcha "Sony" is trademarked in every way, shape and form. Depends what you're doing with the domain you have. For example, paypalsucks.com is still going strong. And is "PayPal" a TM? You betcha. Are the folks at eBay litigious? You betcha.

 

[DNQuest.com]

First, if you really want to understand TMs, please please please use the search feature on this site for "TM" and "trademark"

Secondly,

"How did you know that the word "Sony" was tm'd?"

I know you did not ask that question??????? you have to be kidding me that you do not know Sony is TMed. TMs are expressed names or logos that is identified with a company or service. A TM DOES NOT have to be registered to be a trademark.

 

[sealover]

be careful with TMs, you could also be obligated to pay a big amount of money after you get a c&d letter and transfer the domain over to them.

 

[whoiss]

DNquest, Thank you for your help. I checked searched the TM info and if was a bit helpful, but i'm still interested in learning more about this. I purchased my first domain ever a few weeks ago. This isn't a business I was expecting to be in and may never buy another DN again, but a unique opportunity arose, so I jumped...

You are right that i should assume that sony was TM'd, but how do you KNOW that it (or any other company) is TM'd...that's what i'm getting at. I'm guessing that i'll have to assume that any company with an internationally recognized name is a possible TM issue....probably safer that way...

I just stopped mid-sentence and did a search on this site for the company in question. guess i should have done that first...There were a number of members of this forum that have sites with this company name (including for sale dn)...that makes me feel a little better about this...

Thanks again, whoiss (by the way, i got the nickaname whois(s) in '87...can i sue WHOIS???? i can prove it with a tattoo..... ; )

 

[DNQuest.com]

Yes, it is safe to assume if you register a domain with a name of a company that you know, it s TMed (that is the meaning of a TM).

As far as using a tatto and proof.. you should see my windows tattoo lol