Just throwing in 2 bobs worth - I am not an Internet Lawyer (we do have one in here
) but my view is this - absolutely nothing wrong with registering a domain with TM words in it - once you make the domain a "live" website then the "potential" issues start. As a domain sitting on the shelf it does not and cannot infringe on TM or IP rights for a million reasons not the least of which is it is not in the public view - nobody can find it - type in a non hosted (non parked) domain name and you get zilch because it is not a url (terminology, parked = live = has a url). I agree with David - there is far too much concern about TMs - I throw the letters I get in the bin these days - the first one I got from SEARS (USA) scared the living daylights out of me, I was frantic with concern, couldn't sleep .......... I deleted / cancelled the domains (regretably as it now turns out) and then read a heap about such things - so as a backyard internet lawyer I ignore their weak limp protests - when I see a bailiff walking up the drive then I may reconsider my position. It rests with the owner of the TM to prove infringement, if there is no infringement then how can they prove "intent" ..... impossible, and Auda cannot prove it either and should have no right to refuse registration based on their opinion that it would infringe on a TM or based simply on the fact that the name or part thereof includes a TM or part thereof - they do not have the legal right to do so and it is not in their charter to protect a TM registrant, that is up to the courts - even ICANN is a lame duck in such disputes and most cases end up either with the registrant giving up because it wasn't such a big deal to them in any case, the TM owner doing the same, an out of court settlement or in a court of law - at the end of the day the law prevails, not some "authority / association / old school tie club".
I have a number of domains that have words like "Blu-ray" Trade Marked but by a group of manufacturers not a single manufacturer and they don't mind the name being used because it further generates exposure for the technology and generates sales for the manufacturer members ...... "Panasonic Blu-ray" .... now that is a different story. I have had a number of people comment adversely about my domains that use Blu-ray, however they have a fixation that any TM name is taboo, which is not the case. I, like many others, have a number of names with "iPhone, iPad, Apple" , names TM'd ...... does anyone believe that Steve Jobs cares about people using those names in domain names ........ yes he does care ........ he loves it because it is affirmation of his products and gives him exposure that cannot be bought. Try stating or giving the impression you are actually Apple and he might lose his smile. The same goes for many, many other commercial products that are Trade Marked and also are a part of common "speak" ....... the manufacturers love it, well the samrt ones anyway. Most of the letters I get (not bunches but a few from time to time) are from smaller niche product owners or in the case of Sears a triggered correspondence from an automated alert as a matter of procedure rather than with any real intention to carry out their threat.
I challenged a very large global organization to prove the inferred "intent" of my registration of a name indicated in their correspondence and in the same correspondence demanded an aplopolgy for the inferrence that I would consider doing such a thing. Their reply fell a comma short of an official apology but it read as one and they went away. Puff and wind.
I am selling off a bunch of my 3D domains as some of you know - I have actually tidied up the site a bit so will get you guys to have another look for me if you don't mind - I have no doubt whatsoever, none at all that many that see names like BlurayBurners3D or iPhone3DApps will immediately turn away because they will see TM issues (even before they look at the name and say wtf?) ...... as domainers who "invent" and register names we have to put up with such obstacles unfortunately.
So my 2 bobs worth ended up about fifty quid
check out
www.Names3D.com when you get a moment.
cheers,
Mike
