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GoDaddy reviews : Advise I use GoDaddy?? The legality of common name+generic term

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For domains like "smithconstruction.com" or "brownlending.org" (just examples), would there be any problems defending these if someone with the name came after them? I'm thinking that the domain /img/avatar8.jpg (not a Smith or Brown) would ultimately win because he/she is in possession of the domain, but would appreciate others' opinions/comments. Thanks...

Comments (17)

That would depend on the situation. Really not enough to go on unless I write a 20 page thesis to cover each and every circumstance that could happen.

My car did not start this morning, please tell me what is wrong with my car..

Comment #1

I agree with DNQuest. I think alot of it would have to do with the scope of the TM geographically and the date of first use, but without more specific information, it's impossible to tell...

Comment #2

Simple : no TM issue for examples like those..

Comment #3

Until someone decides to make a fuss, based on real or imagined claims...

Comment #4

Exactly.

And I think I can give you easy examples of most...

DeloitteAccounting.com < good luck on that one. Fairly common last name, generic profession, but I think would lose a UDRP every day of the week.

LowesConstruction.com < True, Lowes is a big-fish to challenge, but it's a common last name as well. The domain was ordered transferred by NAF via UDRP. http://domains.adrforum.com/domains/...ons/566618.htm.

While I'm at it, an OPPOSITE decision via a panelist who shows just how overpaid these guys are (Over $1,000 for this?): http://domains.adrforum.com/domains/...ons/741799.htm.

Anyhow, I have to think that legitimate interest would be hard to show without having the actual last name in the domain. Bad faith would be fairly easy, especially if the name is not a widely held last name.

Anyhow, could go either way, just offering some examples.

-Allan..

Comment #5

Uhh..I beg to differ.

The simple answer is a TM issue can exist in just about any circumstance...

Comment #6

Most likely the cold weather, it being Christmastime and all...

Comment #7

Well, just for kicks, I looked at who the owner of "smithconstruction.com" is. BuyDomains! In fact, they also own these: smithinc.com, smithinternational.com, smithmortgage.com and smithtechnology.com. Whether it's bad faith, or not, or somewhere in the middle, it seems that a lot of these types of domains are for sale...

Comment #8

No, that's not it... it was 50s here... can anyone else help me I was traveling on the freeway doing exactly the speed limit and I was being passed left and right, they are obviously speeding, is it against the law just because they did not get caught?..

Comment #9

The point is that BD feels confident enough to reg and sell hundreds of these type of domains. I know just because they do it doesn't make it legal, but it's interesting nonetheless...

Comment #10

The real question that is important. Does there exist a company already doing business as smithmortgage? Also is BD using the names in bad faith such as advertising in a competitive field such as loans.

If I started a company called smithmortgage years before BD registered the domain...I would have grounds for TM infringement...

Comment #11

Sure... If it's not trying to turn over when you start it, it's probably the battery, starter or alternator.

If it is turning over, but just not catching, it's probably the fuel pump.

I was once changing a tail light... it broke off inside and I couldn't get it out. Out of frustration I kicked the side of my car... Got the light out finally, went to start the car and nothing... Turns out that car had an emergency fuel shutoff in case of rollovers, which just happened to be located exactly where I kicked it. I found that out 6 days later...

Cars suck and they fight back.

Oh yeah, and like I said, I think it comes down to geographic reasons as well, as can sort of be seen in that last ruling posted... Just because there's some company in ohio named smith's construction, it doesn't mean they can expect to have exclusive rights to the name unless they've established a common law TM on a national level. I'm sure there is a smith's construction in every state..

Comment #12

If Brown or Smith is a lastname, that would be debatable. Could be a potential TM issue...

Comment #13

Morgan Stanley.

Smith Barney.

Macy's.

All names...but I guarantee you they have a right to protect their marks even if the violator shares the same exact name. TM is about USAGE...and first usage is also important...

Comment #14

Here is a similar question: Lets say I own "greatstereos.com" - and there are 5 different and unrelated stores around the country called "Great stereos", but they never owned the domain I now own. I have the domain parked.

TM issues there?.

And in reality, would I *probably* be ok to just park it and give it to someone if they come a complaining?..

Comment #15

Yes, there is issues. Since they have a right to the name. they have a ptential claim...

Comment #16

WIPO in casees like your Gmac have typically mentioned that your parking of the domain shows bad faith. Parking a possible TM domain is usually how domains get lost in WIPO decisions...

Comment #17


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

 

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