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GoDaddy testimonials : Should I try GoDaddy?? TM question. I own a generic sport.TV and a company has TM'd it!

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Hi there,.

I have owned a sport .TV domain for just over 2 years and 8 months ago a company TM'd a sport domain name TV for example something like tennis TV or soccer TV (i dont own these).

I own a similar domain name and was in the process of wanting to develop the domain into a website similar to youtube, with it primary objective being advertising. I'm guessing now this ain't going to happen.

If I point my domain to one of my websites which has no resemblance to the company which TM'd my domain name, will I be safe, or atleast safer!?.

I'm really annoyed as I had intentions of making a successful sale one day. The funny thing is I sent out several emails to end users offering the name for sale and only 2 months after my email this same company trademarked my sport domain name plus TV.

Your help would be greatly appreciated. What to do!.

If you would like to know which domain I'm talking about DM me.

Thanks.

Mat..

Comments (7)

Challenge the tm, I think you can do that even after a tm is filed.

I'd speak to a real lawyer though, somesport.tv should be a valuable domain, a couple of hundred bucks might get you good advice.

Cheers!..

Comment #1

What do you mean by challenge, as in how can I challenge, do you mean file a TM myself?.

Thanks for your input!.

Mat..

Comment #2

*.

I'm not a lawyer (and you should consult one), but if a company files a TM, others can challenge whether ot not the TM should granted. Some possible grounds for refusal:.

Term is too generic and too descriptive of the product being trademarked.

Already TM'd or in use (via natural TM) by another company for a similar product or service.

But, really, you should consult with an expert because TM law is very complicated and beyond the scope of a simple forum post giving advice.

*..

Comment #3

The TM should be for 'sportTV' not 'sport.TV', they are two different things. You should not be able to TM 'football' but 'footballtv' you can (possibly).

You actually own 'somesport' in a tuvalu registration, not somesportTV in a .com or .net and not 'somesport television' however much the .tv registration is advertised as meaning television.

I hope that this is clear and correct, I am not a lawyer.

Andyr..

Comment #4

There are probably no grounds to challenge the TM since you can't show prior use.

[sport]tv.com may have more to worry about than you.

Has anyone heard of a WIPO case where the extension was being judged with the keyword?..

Comment #5

Thanks for your response, I understand what you are saying.

They have TM'd exactly sport TV, not sport.tv or Sporttv.

The classes they have registered are that similar to youtube and foxsports.

Can anyone point me in the direction of a lawyer who specialises in domain disputes?.

Thanks Mat Post added at 11:29 PM Previous post was at 11:26 PM Totally agree but just looking for some feedback from NP's before I seek a lawyer.

Thanks for feedback!..

Comment #6

According to policy (still it is changing by some rogue panelists) the extention (.com, .net, .tv) are not supposed to be considered when looking at the domain name. Also, the lack of .tv traffic overall should be of lesser consequence to them. You challenge is going to be losing YOUR traffic to them if they are SportTV.com) Good Luck...

Comment #7


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

 

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