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GoDaddy review : Great idea to buy GoDaddy?? Do I have a TM issue ??? please advice

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I have:.

NikkeiWatch.com.

OlympicWatch.net (check out the .com & .org).

If you think I do have a TM problem can you please explain why?.

Thanks..

Comments (9)

Olympic is heavily enforced as a TM.

Nikkei is also a TM and seems they do enforce it as well. http://www.law.cornell.edu/copyright...166_F3d_65.htm..

Comment #1

Here are a few answers for you.

Taken from ICANN site re:UDRP http://www.icann.org/udrp/udrp-policy-24oct99.htm..

Comment #2

Thank you labrocca and duceman for your help, I am now in the process of deleting OlympicWatch.net..

I would love to hear what you think about my comment below because I am not sure about NikkeiWatch.com.

DNQuest - no need to be cynical...If I was in the business of Cybersquatting I wouldn't ask for advice in this forum...

The question is if the TM is for Nikkei by itself...you can compare it to the word Dow for example. there are dozens of website about the Dow theory, and the dow jones although the word Dow is heavily TM...

There is the Dow Chemical Company (dow.com), and the Dow Jones & Company (dj.com), and yet you can find on the net all of these websites:.

Dowtheory.com.

Ww2.dowtheoryletters.com.

Dowtheoryproject.com.

Thanks again everybody for taking the time and helping in this matter!..

Comment #3

Spin, you asked why, I gave you the straight reason why. I never said you were in the active business of cybersquatting, but you are showing that is what you did. Most of the time, domainers do perform the act without fully realizing it. Anyone who reads back threads will see I an straight forward, it is not meant to be mean, it is meant to provoke thought. Many people get mad at me, but what I am doing is showing how they would be viewed if they were ever challenged. Believe me, if you are challenged, they will be much harsher than I could ever be.

As an example, you do 65mph in a 55 mph zone, that makes you a law breaker and a speeder. If you were new to the road and did not see the speed limit sign, though it was unintentional, you are still a speeder and are breaking the law. If a cop stops you, ignorance will not help you, you could still get a ticket. Was your actions unintentional? yes. Can you get in trouble? yes.

As far as your follow up questions, usage of the domain plays an important part in determining bad/good faith. I am a strong proponent for fan sites and free speach. Unfortunately, many "domainers" use fan sites arguments but their true intentions are to get teh pay off from the domain. I will call them out whenever I get a chance.

So in conclusion, if I call someone a cybersquatter, learn why I did and change your approach accordingly. Many people don't like being called that and people have yelled at me and send me angry PMs. But I will tell you this, many people who yell at me then thank me for my honesty. I can't tell you how many times I receive PMs saying thanx for the help after initailly yelling at me. Domaining, like any other business, needs to be researched and learned. It is not simply registring names and you roll in the money.

The first step is this..."read my sig", it will help you in the long run...

Comment #4

DnQuest - thats cool, no offense taken. I truly appreciate your opinion, and you taking the time sharing it..

However, I still think you are taking the easy path....

Are you suggesting that any use of the word Nikkei is wrong?..

Comment #5

Spinoza,.

To be fair to DNQuest, your original post made you look like a Cybersquatter.

Since you had 2 TM words listed.

But you have shown you are not by dropping the "Olympic" domain which is good since it is very heavily protected.

I understand your query about Nikkei.

If you do a TM search on USPTO.gov ,you will see many companies have trademarkes using Nikkei and for all different subject matters.

Many of the TMs are dead including Nikkei Jewellery (sic).

If Nikkei Jewellery (sic) was still active, you might have a problem with them.

This is not a legal opinion but IMHO if you were to use Nikkei for watches,.

You should not have a problem. Be prepared to explain why you picked Nikkei should you ever have to just in case.

Check the current Nikkei TMs. None are close to your subject.

Just don't use it for Stock Market or Business reporting.

Patrick..

Comment #6

Being ABOUT something and using the name in bad-faith are entirely different. A domain registration has been clearly defined as TM infringment if domain is used in bad-faith. It's not a grey area. It's defined by law now...

Comment #7

As I said, usage is very important (and it is very well stressed here at NP). You have to understand, there are a ton of ifs, ands or buts when discussing TMs and domains. With the original post, you ask if there are issues with no qualifying statements, the answer is yes, there are. But it was never stated haw the domains would be used. I will admit, when it comes to TMs and domains, I do think the domainer is looking for the payoff (call me cynical, but it is true. The reason I think that is because it is true).

One time I asked:.

Why doesn't my car start?.

I got some answers, but it is tough to answer without more details. The same thing with many quesitons here, if we don't know all teh details, it is tough to get a proper answer...

Comment #8

Thanks again everybody. I really appreciate it!.

I think I am going to delete this one too....

I didn't register this domains in bad faith, and I am not sure if there is a TM issue at all, but one thing that I have learned as a domainer is how important it is to use your capital wisely. even if I can defend this name, does it worth $3000 for me or should I spend it on some other great domains?.

Happy new year!..

Comment #9


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

 

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