domain Ultrabook.eu

[Jasper schilperoord]

Hello everyone,

What are your thoughts of this domains worth?

- Ultrabook is popular search term in Google with 550.000 monthly searches worldwide, with a substantial portion of that figure originating from Europe.
- Ultrabook.eu also has quite a lot of type in traffic.

 

[kite26]

''Ultrabook was created as a specification and trademarked[1] brand by Intel for a class of high-end subnotebooks designed to feature reduced bulk without compromising battery life.'' (wiki)

I see tm issue.

 

[Jasper schilperoord]

Thank you for your reply kite26. I get what you trying to say here.

Studying commercial law thought me a thing or two on TM law and trademark erosion though.

To put it simple:

Trademark erosion "happens when a trademark becomes so common that it starts being used as a common name[8] and the original company has failed to prevent such use. Once it has become an appellative, the word cannot be registered any more;" (en.wikipedia.org/wiki/Generic_trademark)

and

"Marks which become generic after losing distinctive character are known as genericized trademarks" (en.wikipedia.org/wiki/Trademark_distinctiveness)

It should be noted that:
- ultrabook is being used as a generic term / common name for very compact, very thin, light weight highly portable machines, generally without optical drives and featuring SSD storage;
- Intel is not legally opposing the use of ultrabook as a generic term / common name;

Now that ultrabook is being used so widely as a common name / generic term, it would be quite unwise for Intel to start litigation over the use of ultrabook by other parties. They would risk losing their TM when in opposition validity of the ultrabook TM would be challenged due to lack (or loss that is) of distinctiveness of the term.

With this information in mind are there any other thoughts of this domains worth?

 

[Kate]

Same opinion: the TM is not exactly a strong selling point and .eu is a weak TLD anyway.

 

[kite26]

I hope you are right, really. But, when i see the word ''trademarked'', near the word ''Intel'' my red alarm light is blinking.