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Old 01-02-2015, 08:18 AM  
Barry-xlovecam
It's 42
 
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Join Date: Jun 2010
Location: Global
Posts: 18,083
Quote:
Originally Posted by cmpmichael View Post

Here's an example:
Suppose you are a dildo-making company. Dildo.com and dildos.com are taken, but dildos.xxx is available. Your company's staple product is a dildo. "dildo" is an instantly recognizeable term. So dildos.xxx would be perfect branding compared to a long-tail domain with .com.
  1. Never try to brand a name that you have not trademarked *(successfully).
  2. A trademark containing a TLD string does not satisfy the UDRP 3 elements of domain dispute.

dildo.xxx was your example so I will roll with it ...

First of all it is registered do it's a no starter -- bad example maybe?

Code:
 whois dildo.xxx
Domain Name:DILDO.XXX
Domain ID: D765497-AGRS
Creation Date: 2012-02-03T20:06:30Z
Updated Date: 2014-02-04T21:17:26Z
Registry Expiry Date: 2015-02-03T20:06:30Z
Sponsoring Registrar:URL Solutions, Inc. (R3294-AGRS)
Sponsoring Registrar IANA ID: 1449
WHOIS Server: 
Referral URL: 
Domain Status: clientTransferProhibited
Registrant ID:PP-SP-001
Registrant Name:Domain Admin
The Dildo.com trademark was cancelled



Quote:
REQUIREMENTS FOR MAINTAINING A FEDERAL TRADEMARK REGISTRATION
I) SECTION 8: AFFIDAVIT OF CONTINUED USE
The registration shall remain in force for 10 years, except that the registration shall be canceled for failure to file an Affidavit of Continued Use under Section 8 of the Trademark Act, 15 U.S.C. Sec. 1058, at the end of each successive 10-year period following the date of registration.
Failure to file the Section 8 Affidavit will result in the cancellation of the registration.
Canceled their ticket on a Section 8 -- some military humor in that one :0D

Don't mistake a SEO name for a product branding they have nothing to do with each other.

Say you wanted to brand 'moms dildos'. Maybe, you could get that trademark accepted (?) In any UDRP arbitration: If the Defendant name contained your wordmark moms dildos, e.g.; mymomsdildos.com, then you could claim trademark infringement of that name.

Branding is about trademark at its root, then brand awareness and public support and acceptance of your brand.

A brand is not a domain or a logo ...
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