Trade Mark question

[companyone]

Hi,

If a "huge" company has: bfd.com

and it has TM's up the.... on bfd as their business...

would having bfd.net be problem if I had it?

or could I do what I please with it?


*** the use of "bfd.com" is just an example, I do not own bfd.net.



Thanks,
Dan

 

[Anthony]

Short answer: They could have a problem if you try to sell products within the same industry as that company.

Long answer: Consult a trademark attorney.

 

[Sergio965]

yeah, ditto. Don't use the same slogan, and things that are actually trademarked, and, just seruisly, don
t use the same name. As if their name is Body Faction Dilivery, don't use Body Faction Dilivery as your sites name.

 

[rb]

if you're thinking about the name that I'm thinking about, I say go for it

 

[Terry]

Originally posted by Anthony
Short answer: They could have a problem if you try to sell products within the same industry as that company.

Long answer: Consult a trademark attorney.

Very well put. Be advised that some will come after you for any use of the name, even if it does not have anything to do with their business. A certain toy company has spent tons of money on what, according to the court verdicts, are not valid complaints. But, they keep trying. You just have to ask yourself, "is it worth the hassel"?

 

[suthra]

Iam always confused of this trademark problems. How could anyone claim a trademark for a generic name. For example, yahoo is an expression used by all., How can a company claim trademark for this?. Sorry iam ignorant of all these issues. But in my opinion, yahoo can claim trademark only for its Yahoo Incorporation(Yahoo INC)., and not on the generic word yahoo.

 

[Terry]

You can use the name Yahoo, but you better put something else there that makes it clear it is not the original - Yahoo coffee and tea, for example. Do not put it on a search/directory or other site like the original. Or, if you attach it to a porn site or something that could otherwise hurt the origninal, your headed for trouble.

That is not legal advise, just my understanding of trademark law and I'm not an expert.

 

[companyone]

Hi,

Thanks for your replys.


The domain FTD.net dropped today, and I did not get it.

FTD.com is the big online florist.

This was the reason for my question.....I did not want to spend money, only to be caught up in lawsuits and everything else if FTD.com decided they had the right to own FTD.net.

Good luck to who ever owns it now....I think its a real nice domain.


Dan

 

[Jeff]

If you check at: www.uspto.gov

... my feeling is you'll come across several ™'s for "FTD" (the Florist and owner's of "FTD.com"), IMHO. Depending on the usage of the eventual "FTD.net", also intent ... there could very well be a case brought up to reclaim the domain name at UDRP, in my view.
If my name (truly) was Fred Thomas Dilbert, Jr. and my company was "FTD Networks" (computer networks) ... I may very well have a legitimate use to the domain name - "FTD.net" - and would likely hire competent legal advice on the matter if engaged, however.
I ain't no lawyer, too.
All the best.

 

[America First]

OK maybe i can help,
1st) you cant have yahoocoffee or yahootea .com thats a problem period.
2nd) any letter domain name (ie. njs.com or hskw.com bfd.com ect.) can be had without a case against you as long as THAT domain name is not TRADEMARKED, as for njs.net then you could have it rightfully and without cause for action against you if:
1) you are not keeping it with bad faith intent
2) offering it for sale to the company that owns njs.com
3)squatting on it with out intent to build a web site ( here is how you get around that problem, put on your parked page coming soon "new jack sites") this shows intent and proof you are not squatting. If they say they(njs.com) want this name NEVER send an amount, explain to them that you have plans but are willing to listen to offers. This covers your BUTT.

Plain and simple you could have bought this and it would have been a GREAT buy and they may have or not come to work a deal out with you but you would have had the RIGHTS in your corner if these steps were followed.

Francois Dejon
SecureYours.com
888-454-9160