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Ok, so I have a domain I wish to purchase. It contains the word "lollipop". I check and several TM's are there for just that one word. Yet it's a dictionary word, and the domain and how I wish to use it. Does not infringe on any of them.

Will I be safe, or should I be looking for a new name?.

All help is appreciated, Thank you.


Comments (14)

Sounds good to go..

As you are planning to develop it, and not infringe, it looks to be all okay...

Comment #1

Search in Google or any other online TM database while you're at it. USPTO is.

Not the only one around...

Comment #2

"lo" - "loll" - "pop" - and "lollipop" are dictionary words.

Since recently, "bay" (dictionary word) was the reason to condemn and, You will problably be sued by a few people for each of the named words.

Unless the US Supreme Court understands that domains are just addresses like phone and fax numbers, then the domain industry is totally finished, past, done, exit.

Here is a comment as posted here and there..

I am not affiliated with eBay or PerfumeBay.

"PerfumeBay Loses.

Trademark Appeal to eBay!":.

This matter is not over yet!.

The US does not own all dictionary words..

The Court has created an intenational incident:.

1. No law can say that somebody has sole rights upon a dictionary word..

2. Intellectual property is now ruled by international treaties that.

Have priority over national regulations..

3. The US have undersigned such treaties..

4. The principle is primarily to protect customers from fraud by.

Copycats, and only secundarily to protect brands..

5. Perfume Bay mainly sells cosmetics, while eBay sells anything. So no.

Whatever product can be sold by any company that has "bay" in the name?.

6. This way, will be sued by the US Gov soon ....

7. Apart from all the rest, domains have nothing to do with trade.

Marks! Domains are addresses, not brands. If this ruling is accepted by.

The population, then people will be sued for their telephone number,.

Car license plate, home address, and their name. does not infringe anything:.

A bay is a place to put and.

To keep things.

It is clear that the Court erred seriously.

If the US wants to keep up it's status as the most democratic country.

On Earth, the verdict must be voided..

It is high time to explain to the US Congress that courts should remain realistic.

Maybe, domainers should put hands together somehow...

Comment #3

Not true.

And maybe...just maybe you should spend time reading and learning about things BEFORE you make comment about them.

Http://$file/0556794.pdf According to whom?..

Comment #4

A) A Bay is a place to put and to keep things ....

""American Heritage Dictionary - .../../ 3. A section or compartment, as in a service station, barn, or aircraft, that is set off for a specific purpose: a cargo bay; an engine bay."".

As I said.

B) I am well aware about the ruling..

The basics behind any law (incl. verdict, ruling) is that there Must be Proof (not supposition) of Unlawful Conduct..

With all due respect: The US basics are here:

Excerpt: "The Trademark Trial and Appeal Board has held that the addition of the prefix e does not change the merely descriptive significance of a term in relation to goods or services sold or rendered electronically, where the record showed that the e prefix has become commonly recognized as a designation for goods or services sold or delivered electronically. In re International Business Machines Corp., 81 USPQ2d 1677, 1679 (TTAB 2006) (We see no difference in the meaning or connotation of e-server and eserver, and consider them both to be an abbreviated form of electronic server.); In re SPX Corp., 63 USPQ2d 1592 (TTAB 2002) (E-AUTODIAGNOSTICS merely descriptive of an electronic engine analysis system comprised of a hand-held computer and related computer software); In re Inc., 57 USPQ2d 1445 (TTAB 2000) (E FASHION merely descriptive of software used to obtain beauty and fashion information, and for electronic retailing services); Continental Airlines Inc. v. United Airlines Inc., 53 USPQ2d 1385 (TTAB 1999) (E-TICKET generic for computerized reservation and ticketing of transportation services). Similarly, with appropriate evidence, the prefix i or I was held to be understood by purchasers to signify Internet, when used in relation to Internet-related products or services. See In re Zanova, Inc., 59 USPQ2d 1300 (TTAB 2000) (ITOOL merely descriptive of computer software for use in creating web pages, and custom design of websites for others). In these situations, the examining attorney should provide evidence of use of the prefix e or i in relation to the goods or services.".


The most important thing here is the linguistic aspect, so then it must also be accepted that the "e" and "i" must relate to the claimed word..

In the PerfumeBay case, the "e" belonged per linguistic rule rather to "Perfume" because "eBay" is a made-off word.

In none of the verdicts that I studied, no linguist expertise has been performed.

But I have not read them all.

Over the years, instances are ruling otherwise than ordered by laws and regulations.

The basic trademark principle is that the mark must make distinction..

It cannot be the intention to allow one company to have a "bay" that can sell anything while thousands of specialized businesses can't sell any of the products.

And what about the bay where the Coke soda is stacked in shops? Maybe Coca-Cola should sue eBay and vice-versa?.

I agree that trademark protection is paramount, and copy crime must be halted..

But, imho, the current approach of domains and trademarks is no longer realistic..

The domain industry is over...

Comment #5


The few portions John plucked out from there may not qualify as proof for you.

Perhaps, but it seemed enough for the Appeals Court to decide for eBay. The.

Domain name's still with PerfumeBay, though, so I guess it's still pending...

Comment #6


Let's say there are 3 TMs for lollipop..

1. candy related.

2. online game related.

3. fashion related.

OP buy the domain, say, (lollipop, xlollipop, lollipopHosting).ext and start hosting service.

You won't have problem with 1, 2, and 3, but...

If there is/are other hosting co. using domain that contain "lollipop" and.

Started hosting service before you did, there is chance getting UDRP letter.


Typein "lollipop" into search engines and check first as "Dave Zan" said..

Comment #7

Allaroundguy has not done allaroundreading. Maybe you should actually read what happened with the purfumebay case before you talk about it again. Additionally, read why the woman called it "purfume bay" It was along the lines,"Brings back memories of when boats would bring purfume into the bay" (or something like that) If that makes sense to you, then I guess you would think that way. The woman tried being cute and skirt TM law, she was caught and lost.

US does not own dictionary words, companies do. Many many many dictionary words are TMed, but it is dependant on usage.

And when people start posting the dictionary meaning of a word, they haven't a clue of what is going on... geesh (please explain how purfume is related to the bay, I dare you).

As far as the "e" and "i", that has nothing to do with the ebay case, ebay create a brand and came up with a unique name. No, they did not start anywhere associated with "bay" or "Bays". You can't just grab unrelated exerpts and apply them to matters that has nothing to do with them. All it shows is your lack of understanding of the situation. [puts hand next to head, extends index finger, starts making circular motions around the ear and starts making sounds a certain clock would make]..

Comment #8

I fully agree that the Court's decision is binding..

That's the Law, that's the system..

But how does by example eBay describes goods or services?.

Perfume and Bay do.

1209.03(m) Domain Names:.

A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it functions as an identifier of the source of goods or services. Portions of the uniform resource locator (URL), including the beginning, (http://www.) and the top-level Internet domain name (TLD) (e.g., .com, .org, .edu,) function to indicate an address on the World Wide Web, and therefore generally serve no source-indicating function. See TMEP 1215 et seq. for further information.

So Courts decide otherwise today ...

Anyway, this was about Lollipop ....

The discussion stops here for me..

Kind regards,.


Comment #9

Glad to see you lay out a well stated argument but unfortunately it's flawed. You're coming to a conclusion that's your opinion based on conjecture.

One reference in the appeal is the fact that PerfumeBay advertised on Google as "Perfume Ebay". It's behavior like that that got her into trouble.

Are you personally associated with Perfumebay? You seem overly angry about the issue.

Reading your posts I think you have this idea that eBAY was a type of bay and that you think it's a descriptor. In reality it's not. eBay is an auction website selling a wide range of products...

Comment #10

I thought it was kind of obvious. One of the definitions for bay was "an arm of a swamp." So they are obviously selling perfume that smells like the arm of a swamp. Or maybe the armpit? Maybe would have been a better defense..

Comment #11

This is not personal: I have no concerns with eBay or Perfume Bay..

I politely took the eBay/PerfumeBay case as only one example..

PerfumeBay did not advertise as Perfume eBay: On page #5 of the verdict is mentioned that Briggs did search engine lookups upon "perfume ebay" and somehow ended up on the eBay site if I understand it right. We all know that SERP depends only upon inputted keywords and the presence of those keywords in a web document..

That is: In the web document, and not in the url..

I see nowhere that typing perfumebay into a browser takes somebody to eBay.

I see nowhere that typing Bay takes somebody to PerfumeBay.

And if somebody types in perfumebay and gets to perfumebay, what's the point?.

I am absolutely not sure that search engines take page names or domains into consideration for SERP..

Yes, I know eBay is an auction web..

And, I know that a bay - as a place to store something - is one of the descriptions in several dictionaries..

Why would Mrs Tran's idea about ships coming in a bay be silly?.

While eBay means literally "To be an electronic bay for auctioned items"..

As I said, the court rulings seem to go in against the basic principles and give away all words to a handful of companies..

I am not angry, and not emotional, but concerned about the evolution.

Luckily, I am very comfortable that my income does not depend of any domain related activity.

I don't want to upset people, and it was not my intention to open a eBay/PerfumeBay discussion in this Lollipop domain topic..

For me, this discussion is over...

Comment #12

Go to and look up ebay in the trademark search, just too many to list here. Whiel perfume describes a good, but a bay? but, this is specificaly "Perfume Bay" how does these to together? and no, there is no such thing as a bay for purfume. lol Wouldn't "ebay" be the identifier for a goods or service in the domain name? The problem with that case is the woman promoted it and did confuse customers thinking it was part of ebay. "Purfume Bay" never would have existed if Ebay was never around. But like I said, read her testimony of how hse came up with the name and you will see what I mean...

Comment #13

Don't worry, not all companies (especially the big guys) win. The

Dispute comes at the top of my head as one example.

It's when the respondent doesn't dispute the dispute that they stand to lose..

But not everything in life is worth winning...

Comment #14

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


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