TM issue

[macblogger]

Hi guys, I am just wondering about how TM works in domain industry.

I have domain name called Aficionado.sk - it's local website where me and couple of my friends write from time to time cigar reviews and as you may know that word "Aficionado" is kind of a fan or enthusiast about something. It's not fictive word just to create some brand. It's mostly used as a term Cigar Aficionado.

But the problem is that I had found out that there are few trademarks registered for this word, few just for word Aficionado and there is also Cigar Aficionado.

I don't own this website to make money, it's 100% ad free, no popups, no banners, nothing, just articles about cigars which are handwritten by me and my friends so it's all legit.

My question is, because I am curious, do you think that my domain name and website is in a danger ?

Thanks

 

[draggar]

Ahoj,

It's a sticky subject and I am not a lawyer but there are a few pointers:

1) Aficionado is a generic term. If anything, this will help you and "cigar aficionado" is a very common phrase.
http://dictionary.reference.com/browse/aficionado?s=t

2) As for trademarks, you need to look at Slovakian trademarks plus as long as the company who owns the trademark "Cigar Aficionado" if they have enough presence in Slovakia to consider them "well known" (highly subjective). But even then, your domain is aficionado and not "cigar aficionado".

3) As for the companies who have trademarks on aficionado - if they are not cigar companies then you shouldn't have to worry about that since you are not infringing (Apple is a trademark but if I have a site applesales.com and use it to sell the fruit and products based on the fruit - I am safe as long as I don't touch anything computer related).

I personally think you should be fairly safe (again, I am NOT a lawyer) as long as no one has a trademark on "Aficionado" based on cigars that is valid in your country.

 

[vital]

I think draggar is right.

+ No ads and/or affiliates mean we could consider it fan site, and you should be fine.

 

[katherine]

To further confuse you, here is my input.
Aficionado is a generic term, but many trademarks are made of two generic keywords. Then they become non-generic.

Cigar Aficionado is an American magazine that is dedicated to the world of cigars.

http://en.wikipedia.org/wiki/Cigar_Aficionado

You might very well never hear from the TM holder, because of the local scope of your site, and they probably don't even know you exist. But you never know, some TM holders are more aggressive than others. It's always possible that one day claims will be made against you.
I think the unanswered question here is, why did you choose the word aficionado to blog about cigars, and not a more descriptive domain. That's the question that will be asked in a WIPO.
While it is true that

Cigar Aficionado began as a lifestyle magazine, including coverage of wine, spirits, travel, gambling, and antiques

it appears that their focus is on cigars.
BTW cigary.sk is taken but cygaru is not.

 

[macblogger]

Thanks vital and draggar for your responses, it's really nice to see here on dnforum "czechoslovak community"

katherine: Thanks for response. I was looking for some nice 1 word domain name, cygaru is not a word and cigary.sk or better ones are already taken. I didn't want to invest in something that will be earning nothing because it's just a fan site so buying already registered domain name is out. For me it seemed as a nice domain name and the price of this was just reg fee, that's why I had chosen aficionado.sk. Also the word aficionado means enthusiast + it's mostly used in a phrase - cigar aficionado. Also in "cigar society" word aficionado describes somebody who knows everything about cigars, all models from every brand and can analyze all the flavors from the cigar. It's kind of same as a "Nose" in perfume industry.