am i going to have an trademark issue here? - GoFuckYourself.com

sternyduke · 07-06-2002, 08:57 PM

i have a couple domain names with the word "personals" and another one with "personalz" in them. i checked the words at http://tess.uspto.gov/bin/gate.exe?f...ate=mkrba0.1.1 and a few things came up like: web personals and outpersonals so i'm hoping i can still use the domiains.

i read a post a couple days ago where "realtor" was a trademarked word and i don't want to end up in the same situation.

thanks

RW316 · 07-06-2002, 09:17 PM

np

Mikey · 07-06-2002, 09:25 PM

A few years ago, I forgot who (I think it was the guy who owned sex.com or something like that) tried to say any domain with the word sex in it was infringment on his domain.

Mikey · 07-06-2002, 09:27 PM

Remember the old etoys.com vs. etoy.com? the toy company lost when they sued the art firm that had registered the etoy.com and was using it 6 months prior to etoys.com even being registered.

Chris R · 07-06-2002, 09:37 PM

I have plenty of domains with the word personals in them - and have never had a problem.

You can't really trademark a common word.

Or rather I should say - you can't really enforce the trademark on a common word in cases like this.

sternyduke · 07-06-2002, 09:56 PM

Quote:

Originally posted by RW316
np

are you saying no problem and to go fuck myself?

sternyduke · 07-06-2002, 10:00 PM

Quote:

Originally posted by Chris R
I have plenty of domains with the word personals in them - and have never had a problem.

You can't really trademark a common word.

Or rather I should say - you can't really enforce the trademark on a common word in cases like this.

thanks for the heads up chris and mike...
just curious chris, have you tried to trademark any of your domains with the word "personals" in them? i ask only because when i do a trademark check there are more than one trademarks that do come up. is the word "personals" a common word i guess is my question...

B40 · 07-06-2002, 10:01 PM

Quote:

Originally posted by sternyduke

are you saying no problem and to go fuck myself?

DOn't listen to him, he's an idiot.

Chris R · 07-06-2002, 11:00 PM

No - I haven't trademarked it.

You may want to check out this guys site - he has links to some of the cases he has won.

http://www.esqwire.com/

Check out for example the opinion in scorpions.

He is a nice guy and very reasonable in price (not cheap - but reasonable). If you ever have a dispute - give him a call.

Chris R · 07-06-2002, 11:02 PM

Oh and yes - I think personals is common. They have to prove three things to take it from you in arbitration.

Check out some of the cases. They make for good reading.

mike503 · 07-06-2002, 11:49 PM

Quote:

Originally posted by Chris R
I have plenty of domains with the word personals in them - and have never had a problem.

You can't really trademark a common word.

Or rather I should say - you can't really enforce the trademark on a common word in cases like this.

you can't trademark an acronym either..

although AOL has been successful in nabbing a bunch of domains, including the freeze of aol.org (first off it's .ORG, second off it was regged even before aol.COM, third off it's an acronym, many other reasons why this was just stupid bullshit..)

needless to say the guy who had it probably gave up fighting and now some wacko has it, i don't know why or how.

entrprnr · 07-07-2002, 12:52 AM

Usually when you Trademark something, you have to provide company info, owner info, product description, etc.

This is to clarify not only the name of the product, but for what use it has.

I run a clothing line called Natural Born Hustler, and when we went to TM it, they said there was an issue with the word Hustler (because of the mag). We got our trademark, because of the actual usage of the word (ref: product description), however the original TM holder of Hustler does have the ability to dispute our usage. Which I don't think will happen.

Even so, disputing it probably won't make us lose it, it will most likely just clarify what we can use the logo for (like another magazine or whatnot).

Thanks.

sternyduke · 07-07-2002, 02:19 AM

Quote:

Originally posted by Chris R
No - I haven't trademarked it.

You may want to check out this guys site - he has links to some of the cases he has won.

http://www.esqwire.com/

Check out for example the opinion in scorpions.

He is a nice guy and very reasonable in price (not cheap - but reasonable). If you ever have a dispute - give him a call.

thanks. i'll check it out. for those that responded, thanks

07-06-2002, 08:57 PM	#1
sternyduke Confirmed User Join Date: Jun 2001 Location: scottsdale Posts: 1,082	am i going to have an trademark issue here? i have a couple domain names with the word "personals" and another one with "personalz" in them. i checked the words at http://tess.uspto.gov/bin/gate.exe?f...ate=mkrba0.1.1 and a few things came up like: web personals and outpersonals so i'm hoping i can still use the domiains. i read a post a couple days ago where "realtor" was a trademarked word and i don't want to end up in the same situation. thanks

07-06-2002, 09:17 PM	#2
RW316 Confirmed User Join Date: Jun 2002 Posts: 1,103	np

07-06-2002, 09:25 PM	#3
Mikey Confirmed User Join Date: Jan 2001 Posts: 665	A few years ago, I forgot who (I think it was the guy who owned sex.com or something like that) tried to say any domain with the word sex in it was infringment on his domain.

07-06-2002, 09:27 PM	#4
Mikey Confirmed User Join Date: Jan 2001 Posts: 665	Remember the old etoys.com vs. etoy.com? the toy company lost when they sued the art firm that had registered the etoy.com and was using it 6 months prior to etoys.com even being registered.

07-06-2002, 09:37 PM	#5
Chris R Confirmed User Join Date: May 2001 Location: Baltimore, MD USA Posts: 1,151	I have plenty of domains with the word personals in them - and have never had a problem. You can't really trademark a common word. Or rather I should say - you can't really enforce the trademark on a common word in cases like this.

07-06-2002, 11:00 PM	#9
Chris R Confirmed User Join Date: May 2001 Location: Baltimore, MD USA Posts: 1,151	No - I haven't trademarked it. You may want to check out this guys site - he has links to some of the cases he has won. http://www.esqwire.com/ Check out for example the opinion in scorpions. He is a nice guy and very reasonable in price (not cheap - but reasonable). If you ever have a dispute - give him a call.

07-06-2002, 11:02 PM	#10
Chris R Confirmed User Join Date: May 2001 Location: Baltimore, MD USA Posts: 1,151	Oh and yes - I think personals is common. They have to prove three things to take it from you in arbitration. Check out some of the cases. They make for good reading.

07-07-2002, 12:52 AM	#12
entrprnr So Fucking Banned Join Date: Jun 2002 Posts: 45	Usually when you Trademark something, you have to provide company info, owner info, product description, etc. This is to clarify not only the name of the product, but for what use it has. I run a clothing line called Natural Born Hustler, and when we went to TM it, they said there was an issue with the word Hustler (because of the mag). We got our trademark, because of the actual usage of the word (ref: product description), however the original TM holder of Hustler does have the ability to dispute our usage. Which I don't think will happen. Even so, disputing it probably won't make us lose it, it will most likely just clarify what we can use the logo for (like another magazine or whatnot). Thanks.