What's new

Trademark/Copyright

Nathan

Regular Member
So I'm still learning about the .au domains, but I have a question... how can someone register a trademarked and/or copy written name?

For example, on netfleet http://www.netfleet.com.au/index.php?a=auctions

AngryBirds.com.au

Word Mark ANGRY BIRDS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Compact discs featuring games, music or videos, mouse pads, sunglasses, and mobile phone accessories, namely, mobile phone straps, charms, chargers, cases, battery cases; digital music downloadable from the internet

IC 041. US 100 101 107. G & S: Provision of pre-recorded, non-downloadable digital music online by means of Mp3 websites on a global computer network, the Internet and via wireless electronic communication devices; non-downloadable digital music from the internet, via wireless electronic communication devices; entertainment services, namely, providing non-downloadable pre-recorded digital music presented to mobile communications devices via global computer network and wireless networks

Word Mark ANGRY BIRDS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Video games for mobile devices, personal computers, consoles, tablets; electronic game programs; downloadable electronic game programs; electronic game software; computer game programs; downloadable computer game programs; interactive game programs; interactive game software; apparatus for games adapted for use with television receivers; cinematographic apparatus; protective carrying cases specially adapted for phones and handheld computers

IC 016. US 002 005 022 023 029 037 038 050. G & S: Booklets and manuals regarding video games; books in the field of video games; calendars, children's books, comic books, address books, coloring books and activity books; book covers; bookmarks; erasers, gift wrapping paper, gift boxes made of cardboard, invitation cards, magazines regarding games, memo pads, note pads, notebooks; paper napkins, paper party hats and party decorations made of paper, paperback books, pencil sharpeners, pens and crayons, picture storybooks, playing cards, posters, postcards, ring binders, rubber stamps, scratch pads, paper staplers, stationery, stationery-type portfolios and folders, sticker albums, stickers, trading cards; general purpose plastic bags; paper dishes; protective covers for notebooks

IC 028. US 022 023 038 050. G & S: Board games; electronic game equipment for playing video games, namely, hand held units for playing video games other than those adapted for use with an external display screen or monitor; game cards; non electric hand-held skill games, soft dolls, not for animals; puzzles; toy action figures, not for animals; balloons and yo-yos; plush toys, not for animals; Christmas tree decorations; toy figures attachable to pencils; plush toys that connect to belts by a hook; non-articulated PVC figures; and rubber balls

IC 041. US 100 101 107. G & S: Providing a web site featuring entertainment information in the fields of electronic game programs, electronic game products, and electronic game programs and products; television programs in the field of entertainment; organizing sporting events, namely, swimming meet, soccer competition, baseball competition, hockey competition; entertainment services in the nature of creation, development, and production of films, animation or animated films, and television programs

And there is three more

Why would someone actually buy that domain? I mean you're just asking for a delete... Cyber squatting much?
 
Last edited:

James

Top Contributor
very true it is a risk that people will be willing to take for traffic.

The way around it is they can make a website about "Angry Brids in the wild" and have no connection with the game Angry Birds or something along those lines and try to get away with it.

I think it also comes down to the fact is the domain registered as a trademark in Australia? Look at the groupon.com.au example.
 

Nathan

Regular Member
very true it is a risk that people will be willing to take for traffic.

The way around it is they can make a website about "Angry Brids in the wild" and have no connection with the game Angry Birds or something along those lines and try to get away with it.

I think it also comes down to the fact is the domain registered as a trademark in Australia? Look at the groupon.com.au example.

I just don't understand why people do it, it's so annoying and discredits the real domainers, and these idiots give the industry a bad name.

In relation to Groupon, you'll actually find under a whois search that it's Groupon that owns Groupon.com.au and states they are the "Trademark Owner"
 
Last edited:

payattention

Archived Member
I think it's important to evaluate each domain on a per case basis. Look at nissan.com, it's a good example of what most people would assume is squatting at face value but is anything but infringement.
 

Nathan

Regular Member
I think it's important to evaluate each domain on a per case basis. Look at nissan.com, it's a good example of what most people would assume is squatting at face value but is anything but.

Just because in Aus we put Nissan with the car doesn't mean that is fact. Feel free to read the story http://www.digest.com/Big_Story.php

Also AngryBirds.com.au has been registered AFTER the game and it's success not before hand...

I do agree you have to evaluate each domain case by case, but when it's so obvious companies like this should be fined. (AngryBird.com.au Registrant XXXX)
 
Last edited by a moderator:

Nathan

Regular Member

Interesting article James, thanks :)

Reading that though, it's clear that they are squatting on groupon.com.au - they are using the existing reputation of the American brand to cyber squat on the domain to stop competition against their Scoopon, which is a complete rip off of Groupon, and they'll want to fight giving up the domain name otherwise Scoopon will go down the drain - but it's good publicity for Scoopon anyways, a way to advertise and stay in the news.

The intent that Scoopon went to, to make sure they'll hold on to Groupon.com.au, I mean they didn't just register a domain, they registered a company and a trademark, so they knew what they were doing was wrong.

It will be a case worth following though, it will set precede for similar cases, personally I'd be shocked if Scoopon win.
 

Nathan

Regular Member
This was all resolved last month. I posted on it here:

http://www.dntrade.com.au/groupon-fails-resolve-dispute-t2427p3.html

If you check the WhoIs you will see it is in Groupon's name. And then check where the domain resolves to.

Thanks for clearing that up, I thought it was the case, being that the whois search result shows it being Groupon's as per my previous post, however I'm still stuck on AngryBirds.com.au and the squatters that target names like this, I even saw VampireDiaries.com.au on SnapNames that someone bidded on, it's just stupid some of these users that target trademarked names, I hope they get what they deserve.
 

johno69

Top Contributor
The only trade marks of "Angry Birds" in AU are for Pet Toys & Clothing.

You could most likely go and register a trade mark yourself for the term in games.
 

Nathan

Regular Member
The only trade marks of "Angry Birds" in AU are for Pet Toys & Clothing.

You could most likely go and register a trade mark yourself for the term in games.

But then you are just registering the trademark in bad faith, doing what Scoopon did to Groupon.com.au
 

Community sponsors

Domain Parking Manager

AddMe Reputation Management

Digital Marketing Experts

Catch Expired Domains

Web Hosting

Members online

Forum statistics

Threads
11,098
Messages
92,044
Members
2,394
Latest member
Spacemo
Top