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GoDaddy user reviews : Recommend I buy GoDaddy?? Are any of these names TM? Please Help

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I have searched on USPTO but the search provided is not efficient. Even if you search for 'exact phrase' "wizards", it gives you all results containing 'wizard'. There is now way to sort the things or further refine the search ( there is, but doesnt work well).

My research says the following names are TM free? Would you guys help me to verify if these are TM free? I dont believe my self that so many names are TMs. CELTICS.

CHARGERS.

DOLPHINS.

EAGLES.

EXPOS.

GRIZZLIES.

HAWKS.

JAGUARS.

KINGS.

LIONS.

MARINERS.

MARLINS.

NATIONALS.

PANTHERS.

PHILLIES.

RAPTORS.

REDS.

ROCKETS.

ROCKIES.

ROYALS.

SUNS.

TIGERS.

VIKINGS.

WARRIORS.

WIZARDSRegards, SBS..

Comments (5)

I'll use just one example.

CELTICS - Mainly basketball team?.

If Celtics.com is available, you register it and create "Boston Celtics" related web site,.

You will lose the domain if "Boston Celtics" come after your domain even if CELTICS is not TMed.

They may/may not come after you if you run fan site without any monetization.

It doesn't mean you can take advantage of their brand just because they did not TMed their brand...

Comment #1

Thanks for info Copper.

But I am not trying to do what is in your example. I am planning to acquire above names in other extensions. I might sell them for profit later on but yes, I am not planning to use anything like 'boston celtics' example above. I am just planning to acquire the names but the issue is I am not able to verify if above names are TM free?.

Can anyone help me? I looked at USPTO and cant find these as TM but I am not sure if I have done the right search. Can anyone verify few of these as an example?.

Regards, SBS..

Comment #2

Every professional sports team will be covered by a TM by the team or the league. If you use, describe, sell, or otherwise associate the name with sports, you will lose. However, you could use or market similar names for legitimate generic use since most of the one word names are the names of animals, people or things. "Wizards" could be marketed or used about those with magical powers, marlins about marlin fishing, and expos about trade expositions. Just don't step across the line of fair use in marketing or parking the domains.

And no... marketing CincinnatiReds.tld as a site for soviets living in Cincy, or MiamiDolphins.tld as a site about marine mammal conservation specific to Miami won't cut it, as anyone with a brain could see through that type thing...

Comment #3

The results, including plurals, reflects the reality of TMs ... changing a letter or adding making plural, or vice-versa, CAN still be construed as TM infringement. Even spelling something a bit different often isn't full-proof, if it appears very similar / sounds the same. TM is derived from active usage in commerce. All of the above are actively used by sports teams in commerce - hence, even if not registered (read up on common law TMs), are TMs nevertheless. I'd wager that most, probably all, of the above are registered TMs of the respective teams they're associated with...

Since many teams in different sports share similar names, it's highly likely that a name, such as Wizards, is a registered TM to more than one company ... much like Apple is a TM not just owned by Apple Computer, but also is a TM owned by Apple Music, etc. Just because something is a TM already, doesn't mean it can't be used by others too - just not in the same geographical market involving the same types of goods / services.

With all that said, the names you posted, with a few exceptions, are very generic in nature, and thus you could likely register them in other TLDs and probably successfully flip some for profit...

Parking such domains increases risk, and developing them, unless it's for something that's clearly not associated with any well known sports team, is highly risky.

I've met folks who've flipped Disney related and other well known TM domains, so it's possible, but for each person who succeeds, many fail and get UDRPed / sued and/or never sell much of anything; paying renewal fees year after year. Adding to the challenge is that many companies use TM monitoring services to find and take action against those with possibly infringing domains.

Good luck.

Ron..

Comment #4

Even if you flip these names, I believe that if the new owner contravenes Tm regulations, you can also be held accountable...

Comment #5


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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