Still wondering about this? Anyone tell me what TM I could be infringing upon/where I can look this up?..
Let's start simply...
What, in your mind, is a "mahjong cook"?..
Hi there TIJH. I have dis a courtesy service search for your query on MahjongCook.com trademark infridgement. Please Visit Here : combuydomain.com/p162517-trademark-law-a-complete-legal.cfm" - Trademark Law | A Complete Legal Guide In the very bottom of the page, I have perform a search result of the word Mahjong and it it was indeed being trademark, as there are 81 records pertaining to the words Mahjong. Please click the bottom of the page to see the result.
You see, If any of our domain names words have any affiliation, and are consider similar to a trademark words and can cause confusion it will be consider as an infringement. My advised is to stay away can delete the domain names. You will only loss $10, rather then being slap with millions. Believe Me, I have the same experience before and currently.
At present I register a name XXtoxdanger.com ( Cannot show the real name as it was classified by the Plaintiff lawyer as confidential communication and information between parties )Just to share with you my current situation. I dropped the name to avoid legal battle.
I would honestly and seriously encourage all members to browse on the given links to learn more understanding about Trademark law, and do a search on your domain names if it infringe any trademark words whatsover.
Good Luck and all the best...
Mahjong is a popular chinese game, that alone cannot be trademarked and to me, Mahjong Cook is a koren flash game of the same name.
What am I miss here?..
That is certainly true. It cannot be a trademark for the game of that name. It could be a great trademark for, say, a brand of dog food.
But it would seem that the game of mahjong doesn't have much to do with cooking now, does it?.
And here we come to the nub of the question: That is indeed what a Google search indicates.
Now, let me ask you something else - Are there a whole bunch of different people who publish a game under the name "Mahjong Cook", or does that name distinctively indicate a particular game originating with a particular source?..
I feel really quite stupid, but you're saying that I'm infringing upon a TM of the korean flash game? There is no TM for the game as far as I can tell so how am I infringing?.
I don't mean to come across as arrogant or ignorant, if I'm infringing upon someone's legal rights I'll transfer the name to them immediately but why can't I own a name which isn't trademarked but is in use?.
If I were to put up my own version in English, is that also shaky ground?..
Trademarks do not have to be registered to be valid trademarks...
Ok so I see unregistered marks are still 'valid' but are much harder to prosecute against, from what I've read they are based on established reputations but wouldn't it be hard to establish a reputation as a flash game, particularly a relatively new one? In the end, I guess it's down to how much risk one is prepared to take.
Thanks for your help, Rep added...
Or how ethically one chooses to conduct one's business...
Just because you "can" doesn't mean you "should"...
A trademark is a distinctive indicator of the source or origin of the goods or services bearing the mark.
(Now, there are a few more wrinkles to it, but that is sufficient for our purposes here) This is what really fascinates me about your question. You are saying on the one hand that they don't have much of an "established reputation", but you registered and are trying to sell a domain name which makes no sense whatsoever.
So, I come back to... What is it, in your mind, that makes the name valuable to anyone?.
I'm assuming here that you didn't just sit down and think, "Mahjong is an old Asian tile game, and cooking is really popular, so I guess 'Mahjongcook.com' would make a great domain name.".
Am I correct in assuming that the game is well known enough, at least to you, that you thought the domain name would have value?.
That is the very essence of what cybersquatting is. That "value" of the domain name can only be based on a perception of how popular their oddly titled game is or is not. It is their value. That value is called "goodwill". Goodwill is the soul of a trademark.
The only time the question gets interesting is in connection with words or phrases which have substantial value apart from someone else's goodwill. A word like "Apple" denotes (a) a common fruit and (b) a large computer company. So, if we are talking about a word like "apple", then whether someone registered a domain name with an intent based on the goodwill of the computer company is an open question. We need to know more.
With something like "Mahjong cook", the question is pretty dead bang simple. I don't really think it is an accident that you happened on this combination of words, and some numerical measure of how "established" is this game, or not, is beside the point.
It was clearly established enough for you to think it was worth something, right?..
Also adding on to this, what I do not understand is why you would be looking for a US trademark when Mahjong is clearly oriental in the first place?.
Wouldn't you first port of call be to go looking for international trademarks?.
To paraphrase everything as I understand it in this thread, you are going to have a hard time convincing anyone that you just stumbled over the term and didn't have a clue that it might infringe even if you randomly found it in the Google keyword search tool, which can and does happen.
Football, or Soccer as Americans call it is an extremely popular game out there in the big old world and the word "goal" is very well known to it and it is a generic word, but there is no way I could convince anyone that registering the domain "goal.com" just came to me for use as an online fanzine because a very famous magazine in England uses that name.
And that is an EXTREMELY well-known term, you have next to no chance of convincing anyone that you suddenly came up with "Mahjong cook" in America.
The onus is on me to prove I didn't know about it, which is very difficult to do.
I would just let this one go, or it might hurt a lot...