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Hey, I own myiparty.com, I looked up I party.com and they have iparty.com trademarked, I then looked up iparty. all other extensions and the own none of them and there are different sites on all of them ie iparty.co.uk. Am I good or could I have a problem. The only extensuon they own is iparty.com, my site wil be a social networking site. Let me know..

Comments (10)

Not if you claim it as "my"iparty, so if you register it as myiparty it changes the name...

Comment #1

Not to mention you can not trademark a domain name...

Comment #2

It depends on your motiva of usage of it...

Comment #3

Yes you can, actually. The mess.net people managed to secure one for the.

Domain name mess.com, check the USPTO.

They even tried to use it to wrest control of the domain namesake. But they.

Still lost...

Comment #4

It really depends. "Iparty" is not exactly a generic word so an arbitration panel may not be swayed that the addition of "my" makes it something totally different and that since you "are going" to make it a social site you registered it in good faith.

On the flip side you may not have a problem at all because it looks like the trademark is for a composite whole which means the combination of words AND design. They might just want to protect thier brand identity and logo...

Comment #5

You are joking??? right????.

You can certainly trademark a domain name.....

Comment #6

Zeus, try this one out for size: try photocoping your "rear" and registering the image as a trademark. Pay your fee (and comply with the rest of the rulesi.e. describing your "mark") and you'll be surprised at what will happen... You'll be able to brag to your buddies that you have a trademarked ass...

Comment #7

This is why if you operate any kind of business it is important to check the USPTO often to see if anyone is trying to claim rights to your Intellectual Property. Mess.com could have easily avoided all of that, if they had done this, found the pending application, and filed a dispute through the USPTO...

Comment #8

Goto USPTO.com.

In Trademark Search area, type in *.com.

And see a list of Trademarked .com domains.

Patrick.

Five different companies have Trademarked the term iparty. One filing is Dead as they did not respond in time or changed their mind.

That leaves four different trademark registrations for iparty.

When you trademark a name , you have to specify what Goods or Services.

It will be used for and how it will be used.

You do not get blanket rights to the name.

If you check the trademark reg for iparty again, you will see the different companies that have registered the mark iparty.

One company regged it for their wireless service- "wireless extender for connection to an MP3 player for wirelessly transmitting music...".

Another company regged it for clothing- "Baseball caps; Board shorts; Boxer shorts; Cap visors; Caps ; Dress shirts; Dresses;...".

Another regged it for a party goods store- "RETAIL STORE SERVICES IN THE FIELD OF PARTY SUPPLIES, CANDY, TOYS, ...".

The last Live trademark holder is the one you mention above.

They have 2 TM registrations.

One for iparty.com.

And another for iparty with Goods and Services described as PARTY PLANNING CONSULTATION, NAMELY, TIPS ON HOW TO ORGANIZE AND THROW A PARTY, RENDERED VIA A GLOBAL COMPUTER NETWORK.

Just make sure your usage of iparty differs from those above.

Patrick..

Comment #9

It doesn't help in legality issues, however. So your point is moot..

It's true, however, that iParty isn't much different from Party (minus the I, of course) and party is a generic word. That helps you out.

I think you are in the clear so long as you don't try to brand your site after iParty.extension. Don't be stupid...

Comment #10


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

 

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