question Generic 1 word .tv domain matches name of a TV channel. Any issues?

[ngignac]

Hi there,

I've got a 1word .tv domain and would like some input about any potential TM issues. For privacy sake I won't post the name here but will provide a similar name/example (but feel free to PM if you want to provide input specifically about the name and TM issues).

My domain is similar/synonym of Consume.tv. Now there is a channel (Australia) that shares the same name (.tv not in the name, if that matters. Also if it matters I am in North America)

Any potential issues? The term in my domain is VERY generic. I am looking to develop the site. Obviously it would be TV related. Generally something in the same industry/domain is a NO NO but in this case since it's extremely generic I'm in the clear. What if I opted to sell the name? Trying to sell to this Channel/media company?

Thanks in advance!

 

[Corey]

Trademark enforcement is not based on belief's and opinions, you've asked, many have answered.

All the best

Corey

 

[ngignac]

Trademark enforcement is not based on belief's and opinions, you've asked, many have answered.

All the best

Corey

Not 'belief' in that sense. Wrong word sorry. I absolutely appreciate the answers I've gotten.

Many answered without knowing the actual domain. Would just like confirmation with the actual name from some others that previously provided some awesome info. I should have just posted it from the start hehe.

And just to reiterate, I bought this to develop. Just asked the question about where I stood selling the domain to learn more. Obviously I'd want to know as a backup if the dev fell through and for the future.

 

[ngignac]

Who would have rights to the name though? First to TM? There's the show called Binge, the app called BingeTV, Video service about food called Binge, the streaming service called Binge (domain is mybinge.tv) or the channel called Binge?

If the rightful TM owner hasn't defended their TM don't they lose it?

Edit: I'm absolutely not trying to be combative. I know everyone answered but now that I actually indicated the actual name I just want to know if that has an impact before moving on.

 

[Dominique]

Sorry to say that, but you misunderstand the whole point of a trademark law.
Disregard who has the sharpest teeth and try to learn how to swim better and how to dive with sharks.
The good thing about your domain is - its valuable.
The bad thing about your domain is - its valuable.

Imagine you are in the ocean with sharks.
You are floating on an air mattress, you can barely swim and you are bleeding.

You have some food with you (your domain) and your goal is to feed the sharks. You have some fish (binge) and squid (.tv). All sharks love fish, but only some of them love squid, too. (You need to sell the whole package.)

Dont give them attention early. You dont have to play with them. If they are hungry enough, they can grab you and your food (via UDRP).

First of all, find the source of bleeding and heal the wound (remove any pay-per-click links from your page which could "compete with or capitalize on the reputation and goodwill of the complainants mark or otherwise mislead Internet users").

After that, the best thing is to find better support, instead of floating on air mattress. You need something like buoy or boat (depending on your ability to develop the website and establish the rights or legitimate interests in a domain name;
In addition to that: "Panels have recognized that merely registering a domain name comprised of a dictionary word or phrase does not by itself automatically confer rights or legitimate interests on the respondent; panels have held that mere arguments that a domain name corresponds to a dictionary term/phrase will not necessarily suffice. In order to find rights or legitimate interests in a domain name based on its dictionary meaning, the domain name should be genuinely used, or at least demonstrably intended for such use, in connection with the relied-upon dictionary meaning and not to trade off third-party trademark rights.")

After you assure that you are safe enough (nothing is completely safe), than you can feed them (sell your domain).
And remember, dont jump into the water to feed them. (Dont try to sell them their own name because they will take you and your domain for free. Instead of that, you will need to attract them gently and make a surprised face when the offer comes.)

Swim with us and survive as long as possible. (All the best).

 

[ngignac]

Sorry to say that, but you misunderstand the whole point of a trademark law.
Disregard who has the sharpest teeth and try to learn how to swim better and how to dive with sharks.
The good thing about your domain is - its valuable.
The bad thing about your domain is - its valuable.

Imagine you are in the ocean with sharks.
You are floating on an air mattress, you can barely swim and you are bleeding.

You have some food with you (your domain) and your goal is to feed the sharks. You have some fish (binge) and squid (.tv). All sharks love fish, but only some of them love squid, too. (You need to sell the whole package.)

Dont give them attention early. You dont have to play with them. If they are hungry enough, they can grab you and your food (via UDRP).

First of all, find the source of bleeding and heal the wound (remove any pay-per-click links from your page which could "compete with or capitalize on the reputation and goodwill of the complainants mark or otherwise mislead Internet users").

After that, the best thing is to find better support, instead of floating on air mattress. You need something like buoy or boat (depending on your ability to develop the website and establish the rights or legitimate interests in a domain name;
In addition to that: "Panels have recognized that merely registering a domain name comprised of a dictionary word or phrase does not by itself automatically confer rights or legitimate interests on the respondent; panels have held that mere arguments that a domain name corresponds to a dictionary term/phrase will not necessarily suffice. In order to find rights or legitimate interests in a domain name based on its dictionary meaning, the domain name should be genuinely used, or at least demonstrably intended for such use, in connection with the relied-upon dictionary meaning and not to trade off third-party trademark rights.")

After you assure that you are safe enough (nothing is completely safe), than you can feed them (sell your domain).
And remember, dont jump into the water to feed them. (Dont try to sell them their own name because they will take you and your domain for free. Instead of that, you will need to attract them gently and make a surprised face when the offer comes.)

Swim with us and survive as long as possible. (All the best).

Thanks for the insight. In this case im not looking to sell but building it out.

As for ppc ive never had any and never did any outbound marketing.