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GoDaddy customer reviews : Suggest I purchase GoDaddy?? Surface related domains

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Hi,.

Kindly clarify to me if 'Surface' is a reg'd TM.

I have:.

Surface Movies.

Surface Bingo.

Surface Vendor.

Surface Spares.

All in the .com extension.

What options do I have?..

Comments (12)

Found 9 searches with the word SURFACE:.

None, exactly with Surface + Movies, Bingo, Vendor, Spares..

BTW, some surface+word and word+surface are TMs in the list.

Opinions Welcome!..

Comment #1

It depends on your use.

If you were to take "surface vendor dot com" and fill it with nothing but competitors to Microsoft's Surface Computer, then you would be UDRP-bait, most likely.

And USPTO is a great place for registered TM's, but the lack of a registered TM does not mean that you are "in the clear" for TM trouble (A TM need not be registered to be effective as element 1 of the UDRP, nor does it need to be for many other actions.) - in short, Google and common sense are great barometers of TM as well.

-Allan..

Comment #2

1. Is there a possibility of deleting domains after the usual five day period?.

2. What can I do NOW to protect myself from any legal hurdles?.

3. As a precaution I am removing 3 of them from Domain Parking, since 1 is with moniker I am unable to keep the DNS blank.

I thank the contributors of this thread for their opinions...

Comment #3

Sorry I can't really help you godolphin..i'm actually curious myself..I picked up two surface.com mis-spellings but I think I should be in the clear - Microsoft hasn't trademarked just the name "surface" and I don't think they can?? Please correct me if I'm wrong.

Maybe try posting your question on DNF and DP forums too and share your answers with us here..

Comment #4

Well FPForum, I think if MS wants to it can get a TM on 'Surface' within the class of it's operations. You never know! Or it may have already filed for it and that it may be under scrutiny by the PTO.

As far as I know many talented members are around here who can help us out.

Still looking for answers.....

Comment #5

Microsoft cant TM just the generic word "surface" but they can TM the word surface for being used with computing and the internet. Just like Apple cant TM just the word apple, someone could own apple.net and use it to sell apples and apple couldnt do anything about it. But Apple has the TM on the word apple for being used with computing, music, mp3, etc. A name like surfacemovies, surfacegames, etc could end up getting you into trouble since the whole thing seems like it would have to do with computers and they were probably regged after Microsoft made the announcement of the surface. Also keep in mind that companies dont have to have a TM registered with the USPTO to actually have a TM...

Comment #6

1. Generally registrars can delete paid domain names. But you have to follow.

Their procedures (which likely vary), and there's no refund.

2. Well, avoid them if it can be helped...

Comment #7

So..by owning suurface.com, I can park it without worries, but can't put up a blog trying to sell them?...Is this correct?..

Comment #8

"park it" and "without worries" usually do not go together.

The issue arises when parked advertisements compete with the TM, and/or the finding that parking is not a legitimate interest in the domain should the domain name contain the TM'd term itself.

-Allan..

Comment #9

As long as your parked name has no ads having to do with microsoft or anything to do with their surface product or computers then you might be ok. this name would be a little tricker though since it is a typo, but you could own suurface.com and turn it into a dating website and microsoft couldnt do anything since surface is a generic word. a developed site on it having nothing to do with computers would be totally ok. if you owned a typo of microsoft such as microsooft.com then you would be in serious trouble no matter what you developed it into since it's not a generic word. a lot of web 2.0 sites are actually in a way typos such as flickr.com you could say is a typo of flicker.com, digg.com is a typo of dig.com, etc...

Comment #10

I thank everyone for their opinions on this thread.

Next:.

I am planning to write emails to customer support services at the two registrars the domains are registered with and request them to cancel the domains of course without a refund.

Do you think it is the best thing to do right now?..

Comment #11

Thank you very much for the info allanshore and nrmillions for that info! Wow I never even knew that!! Looks like I will have to develop these or maybe park them with something like adult/casino ads or something. great info there you two may have just saved me a lawsuit! lol..

Comment #12


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

 

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