Webfather loses decision on Voyuer.com/voyeur.com

[Nickatilynx]

http://www.arb-forum.com/domains/decisions/433802.htm

[JoesHO]

Slavik won though is that correct?

[Nickatilynx]

Didn't realise it was Slavik.

[Dravyk]

Let me see if I have this right (haven't had second cup of coffee yet) ...

Rick sued Slavik who had a typo domain. That about right? Or am I reading this wrong?

[Nickatilynx]

Thats how I see it , Drav

[RyanLanane]

Wow, there is no love when it comes to business ....

[DrGuile]

No offense to webfather, but it sounds like a very poorly built case.... the panel really trash them...

[Nickatilynx]

Originally posted by DrGuile@Apr 28 2005, 10:27 AM
No offense to webfather, but it sounds like a very poorly built case.... the panel really trash them...
Again I find myself agreeing with you

[Trev]

Originally posted by Nickatilynx+Apr 28 2005, 07:29 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Nickatilynx @ Apr 28 2005, 07:29 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-DrGuile@Apr 28 2005, 10:27 AM
No offense to webfather, but it sounds like a very poorly built case.... the panel really trash them...
Again I find myself agreeing with you [/b][/quote]
Twice in the same day :blink: :huh:

[TheEnforcer]

I'm personally not too thrilled by the idea that a commonly used word can be trademarked and that gives them a right to misspellings of that common word. I think that is quite stupid actually.

[sarettah]

there is simply no evidence that the domain name was registered to hijack those folks who wish to look at dirty pictures

Dirty pictures ? Oh My :blink:

[RyanLanane]

I am suprised Webfather would use such an argument especially given what Sex.Com tried... "hey your domain has the word sex in it see you in court or turn over the domain"

Wonder how many idiots did turn over their domains?

[Lee]

Originally posted by TheEnforcer@Apr 28 2005, 10:36 AM
I'm personally not too thrilled by the idea that a commonly used word can be trademarked and that gives them a right to misspellings of that common word.
I wasnt aware commonly used words can be trademarked unless used in conjunction with another word or unless a substantial market brand has been established.

For example, Apple.

[JoesHO]

Originally posted by Trev+Apr 28 2005, 10:33 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Trev @ Apr 28 2005, 10:33 AM)</td></tr><tr><td id='QUOTE'> Originally posted by Nickatilynx@Apr 28 2005, 07:29 PM
<!--QuoteBegin-DrGuile@Apr 28 2005, 10:27 AM
No offense to webfather, but it sounds like a very poorly built case.... the panel really trash them...
Again I find myself agreeing with you
Twice in the same day :blink: :huh: [/b][/quote]
I think they are flirting with each other Trev, what do you think LOL

[Trev]

Originally posted by JoesHO1+Apr 28 2005, 08:59 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (JoesHO1 @ Apr 28 2005, 08:59 PM)</td></tr><tr><td id='QUOTE'> Originally posted by Trev@Apr 28 2005, 10:33 AM
Originally posted by Nickatilynx@Apr 28 2005, 07:29 PM
<!--QuoteBegin-DrGuile@Apr 28 2005, 10:27 AM
No offense to webfather, but it sounds like a very poorly built case.... the panel really trash them...
Again I find myself agreeing with you
Twice in the same day :blink: :huh:
I think they are flirting with each other Trev, what do you think LOL [/b][/quote]
Canadian sex games maybe :blink:

[grimm]

Originally posted by RyanLanane@Apr 28 2005, 11:52 AM
I am suprised Webfather would use such an argument especially given what Sex.Com tried... "hey your domain has the word sex in it see you in court or turn over the domain"

Wonder how many idiots did turn over their domains?
a mispelling of a trademarked name is a whole other animal. that is usually forced to be turned over. same as if i registered cokacola.com.

[Nickatilynx]

Originally posted by RyanLanane@Apr 28 2005, 11:52 AM
I am suprised Webfather would use such an argument especially given what Sex.Com tried... "hey your domain has the word sex in it see you in court or turn over the domain"

Wonder how many idiots did turn over their domains?
Serge did....

[Peaches]

Originally posted by Nickatilynx+Apr 28 2005, 04:28 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Nickatilynx @ Apr 28 2005, 04:28 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-RyanLanane@Apr 28 2005, 11:52 AM
I am suprised Webfather would use such an argument especially given what Sex.Com tried... "hey your domain has the word sex in it see you in court or turn over the domain"

Wonder how many idiots did turn over their domains?
Serge did.... [/b][/quote]
I believe Dokk did too.

From what I remember, the domains weren't all that super and it was just easier to give them to the guy than fight.

[RyanLanane]

Wow, I forgot all about Serge caving in - I think he caught some shit on
that one for a while if memory serves me correct? Don't remember Dokk caving though... Do remember it was quite the talk for some time

[DanB]

Common names can't be trademarked, that's why MS' "windows" mark was denied.

But, if you create artwork of the word "windows" then you can trademark the artwork. Can't register "cat" but if you made the word cat look like a cat, you could register that.

Also, just because you have a registered trademeark doesn't mean it's enforceable.

[Winetalk.com]

Originally posted by DanB@Apr 28 2005, 08:38 PM
Common names can't be trademarked, that's why MS' "windows" mark was denied.

But, if you create artwork of the word "windows" then you can trademark the artwork. Can't register "cat" but if you made the word cat look like a cat, you could register that.

Also, just because you have a registered trademeark doesn't mean it's enforceable.
your knowlege about trademark is amazing....How many law firms you consult?

http://tess2.uspto.gov/bin/showfield?f=toc...ch=Submit+Query (http://tess2.uspto.gov/bin/showfield?f=toc&state=hlmmvl.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=serge&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query)

go play wiht PTO site and see how many common words are trademarked...including
"Serge"
:)

[DanB]

I've owned a few US trademarks and have filed TMs myself and using TM attorneys.

Okay, technically you can register single dictionary words, (the government will always take your filing fees). There's really nothing in the regs that says you can't register a single dictionary word.

Trademarking single dictionary words is seldom done (ask any good TM attorney to trademark a single dictionary word and you'll get a long speech about why you're wasting your time and money). If they are granted they are usually very weak right from the start and seldom enforceable. Again, just because the USPTO granted a trademark it doesn't mean it's strong or enforceable.

One issue with common words is you have to be able to prove "first use" in the industry that your TM is applied to when challenged. So if you wanted to trademark "monkey" for use in the technology sector, and somebody challenged, you'd need to be able to back up the claim you made of first use. Basically, all it takes is one other use of the word in the sector prior to your first use and the trademark is severely weakend and probably revoked. And since common words are, by definition, common there's a good chance that somebody else used it before, even if it is part of a longer TM, such as "Monkey Calculator". This may cause confusion in the marketplace which is another grounds for revocation. If you chose to register it and it does get through, you'll probably have a hard time defending it if needed.

Also, common words are really frowned upon because of the probable dilution of the mark (along with marketplace confusion). Even made-up words, such as Xerox or Kleenex, can become so common in everyday language that even these made-up words become diluted and eventually hard to enforce.

BTW, "Serge" is a dictionary word and a proper name. Both "serge" TMs are dead and one was a styalized form. Words that fit both categories are even trickier to enforce.

Regarding TMs, proper names can get even more convoluted. Proper names are a whole other can of worms for the PTO. If you think you own the rights to your name, you may be mistaken, such as the case of Ernest Gallo -v- Julio Gallo.