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I got a domain from a drop but just realized that it is a TM domain and in uspto.gov the status is still live. Will I get into trouble? Please help.....

Comments (9)

Depends on the domain really and usage, it's fair to say if it's TM'd it's best left alone...

Comment #1

But in the disclaimer section it shows:.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WWW.xxx.COM" APART FROM THE MARK AS SHOWN.

The word mark shows:.

Word Mark THE xxx WWW.xxx.COM.

I'm really confused. It seems to me the domain is left untouched for many years. Can the original owner take back the domain even though I won it from a drop auction? I paid a huge amount for it. I feel nervous now...

Comment #2

You didn't know there was a TM in advance? IOW, the reason you purchased the domain: was it because you knew of the former company who used it?.

If so, you probably already know the answer.

Is the XXX a generic term? (Like "Shoe" or "Horn" ? ) Is the XXX something fanciful? (Like "XtraNeet" or "Splendiffy"?).

At this point, the information we could give you would be rather untargeted without knowing more.

-Allan..

Comment #3

DO NOT park it, or try to do the same business at the TM. I recently got one that was fairly generic and am using it for an entirely unrelated service, and I too didn't realize it was a tm beforehand. If it's a specific tm, or a famous tm, you may be sol if they come after it.

From what I remember reading, a tm can be attempted to be made dead after as little as 3 years of non-use. (Don't quote me on that though... you can look through the uspto docs for sure).

Since I was in this position once, I would be willing to give you an opinion if you wanted to pm me the name. Again, just an OPINION..

Comment #4

I have seen the tm... the tm is for "domain-name.com" (not literally but thats the general idea) ... I thought you couldn't tm a domain name??? At any rate it is very generic... it's so generic it's like tm'ing potato-chips.com. I think he has good grounds for keeping but as always, recommended talking to a lawyer due to the unknowns of the tm...

Comment #5

I remember text.com is tm'ed as well. so I think domain can be tm'ed. Ok lets say the one I bought was music-videos.com, and the record in uspto.gov shows live. will I get sued or domain get taken away? the term is quite generic so am I in trouble? I can't really use the domain for other purpose other than music videos...

Comment #6

Yes you can. Adding the ".com" could make it unique, additionally, generics words are TMed all the time. It is more of an arguement if it is descriptive and the usage of the domain. AMEN!!!!!..

Comment #7

The "goods and services" section in record shows this:.

Entertainment services, namely, providing information in the field of music and on-line multimedia content in the nature of music videos, all via a website accessed via a global computer network.

About the usage, since the domain is music-videos.com. If I do a music video site then i'll be in trouble? It seems like I have no choice.

How much is the fees like if I consult a lawyer. Is this two good? John Berryhill and Brett Lewis. Should I consult them first or should I develop the domain first...

Comment #8

Some lawyers will give you a free first phone/email consult. I have read many of John Berryhill's post, he is sharp as a tack. Don't know what he would charge though.

But, DEFINATELY get advice before developing. It is very descriptive... in fact it's descriptiveness could be called exact Its along the lines, as the op said, of music-videos.com. Usage appears to have been a generic site about the topic of the domain...

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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