Would the following domain have a TM issue?!

[GCgirl4ever]

xmen3.com

I personally think it would.. what do other people think?! Thanks for answering my question

 

[TJ]

no it's x-men3.com I told u it wrong.. and I dont think it will, becasue im gonna get it

 

[NameCaster]

This may be of some help GCgirl4ever!

http://www.chillingeffects.org/trademark/faq.cgi

Good Luck!

 

[GCgirl4ever]

ok thanks.. it was actually for TJ but he doesn't want to post here anymore

 

[TJ]

well who is right u or me.

 

[Jeff]

Reference: http://www.uspto.gov

GCgirl and TJ, please continue with your discussion ... 25 NP$ going out to each of you now!

:hearts:

 

[TJ]

I'm confused .lol why did I get points?

 

[TJ]

I went to the site coolhost, but I didn't understand it. Is it illegal to register domains for upcoming movies and sell them. Becasue like thematrixreloaded.com and matrixreloaded.com registered theirs and now alot of people go there and its registered by kids.. and like search engines do it to.. I dont think its illegal

 

[Jeff]

Originally posted by TJ
I'm confused .lol why did I get points?

You got NP$ for being cool, TJ! Thanks.
Regarding the potential TM issue ... we hope to soon have a "Legal Issues" forum devoted to such inquiries. All of us here on the Namepros team are working diligentlly to make this come to fruition, along with many new features and enhancements for the community. I will keep you updated accordingly, promise.
I appreciates.

:kickass:

 

[Jeff]

Originally posted by TJ
I went to the site coolhost, but I didn't understand it. Is it illegal to register domains for upcoming movies and sell them. Becasue like thematrixreloaded.com and matrixreloaded.com registered theirs and now alot of people go there and its registered by kids.. and like search engines do it to.. I dont think its illegal

Illegal? Maybe, maybe not ... one CAN be sued or prosecuted for just about anything, really ... whether the complainant prevails or not is an entirely different matter, IMHO.
Here, we are talking about UDRP. If a domain is registered on a TM'd name (or movie), and the intent of that registration was to profit from it, one would likely lose the domain name in the UDRP process. Fines could be levied. Also, the TM holder COULD contest the case "legally", if it came to that, as well.
I would NOT recommend registering TM'd (motion picture, or otherwise) domains, personally.
Hope that helps.

 

[painperdu]

I agree with CoolHost on this.

The only way you may be able to use this name is in a non-commercial 'Fair Use' manner

Copyright matters is a huge issue in the domain name industry and you should at least be familiar with the subject.

 

[RajanUrs]

-

 

[kajutsa]

What if you just wanted to use the domain for traffic purposes, and had on intent of profiting from it?

 

[Jeff]

Originally posted by kajutsa
What if you just wanted to use the domain for traffic purposes, and had on intent of profiting from it?

Would or COULD you profit from that traffic?!? :o

 

[kajutsa]

Let's say you want the traffic for a personal site that you do in your free time... about a hobby of yours, or something along the lines of that. It wouldn't be for profit (money-wise) then, correct? It would only be a "make you feel good about your site" type of profit. :]

Make any sense? Hehe.

 

[247newsnet]

The whole TM issue at iCann is a joke, I read hundreds of their decisions a while back for a story I did on the first individual that had to sue a public company for cyber squatting.

At that time there where 3 or 4 thousand icann cases.

This was the only one where a private person was suing a public company for using his trademark.

We broke the story and a few financial services carried it. The public company went from 250M to 50M in a few weeks after our story broke.

I can show you an SEC filing where that company brags about the name.

Now when you do a whois, it's back where it belongs, IN THE HANDS of the CEO of AIS.

Yet you see people on these expert forums acting like AIS doesn't have a clue.

Anyway, from what I gathered from reading hundreds of TM issues at iCann is that you only violate a TM is you misuse the mark in "BAD FAITH".

That is bastardized to mean many things at iCann.

Primarily it means try to make money with the name.

The people running iCann still think the Net is back in the day when the DOD and Universities were the only users.

So case after case at iCann goes to TM owners when they prove or just state, the register of the dom tried to sell it, that's a no no at iCann if the name is a possible TM issue.

Or if they used it commercially, that can mean any thing.

Or if they used it to CONFUSE.

So, iCann can say the use is okay or they can say the use is in bad faith and return the dom to the TM owner.

It's not open and shut, but most cases go to the TM owner

A few TM owners have terrible lawyers that have no clue as to what they have to put forth in an iCann filing

Those lawyers get slapped around the TM owner loses

The good lawyers (is there such a thing) keep it simple stupid

This is the right to the mark (usuallly a USPTO number)

This is what the TM owner does

This is what the register of the dom did

They used bad faith by

X
Y
Z

If the filing says that, the dom gets returned

If the lawyer doesn't do that, then the people at iCann go on a roll about this and that and who cares and says declined to order transfer

So the whole thing goes to intended use

YOU CAN USE TM'S

But you can't do several things on such sites

I'm not a lawyer, but I've done enough research on the whole TM issue to say what I know

iCann will order domains to TM owners when the owner does a few things

1. Offer it for sale
2. Use it to confuse
3. Use it commercially

At least that is what I gathered from actually reading hundreds of iCann dispositions

 

[Jeff]

Originally posted by kajutsa
Let's say you want the traffic for a personal site that you do in your free time... about a hobby of yours, or something along the lines of that. It wouldn't be for profit (money-wise) then, correct? It would only be a "make you feel good about your site" type of profit. :]

Make any sense? Hehe.

Makes sense. :D
Well, then that would certainly be *better* in the eyes of a potential UDRP, IMHO. Would this hobby EVER derive any money, or profit potential? "Legal issues" are VERY case-specific, and it's difficult to generalize, hypothesize about what could happen. This is all very worthy of discussion, and I appreciate your post. Truly.