Copyright Question (Open For All Critisizm)

[ATL]

OK experts, here is a question for you.
We have 3 domain names. All owned by by different parties. I will use examples not to post originating domains. We will use for example the following:
a.com
ab.com
abc.com

Say (for example) I owned abc.com and the owner of ab.com said I am infringing upon his domain name of ab.com Since his copyrighted word of 'ab' is in my domain. Personally I think it's total bullshit but he tried.

Now my question, would this be true?
If it is true then would he the owner of 'ab.com' then be infringing upon 'a.com'?

I hope I make sense and get some experienced answers here.

[Robbie]

I would think it would depend on the word. If the word is pretty much generic then I would think not. If it's a unique branded name then I would think that would be trouble.

[ATL]

Ok lets put it out there:
I own:
www.sextubeland.com
And with respect to the copyrighted said trademarks:
They own:
www.sextube.com

They are stating I am infringing upon their trademark of 'sextube'.
Although clearly stating in:
http://www.copyright.gov/help/faq/faq-protect.html

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

Let it be know for the record, my said domain of www.sextubeland.com was a PARKED domain until yesterday when these allegations have arrived.
There was no content whatsoever that would have any infringing names/content described as infringing. Simply because of my domain name they are accusing me of infringement and nothing more.

Please let me know any input you may have.

[Dirty Dane]

http://www.gfy.com/fucking-around-and-business-discussion/891090-twistys-abusing-icann-policies-pushing-people.html

[HandballJim]

I turned a domain over to redtube no questions asked, I had no idea it was a trademark, and really had no plans for the domain. In fact I was planning on letting it expire in March. Their lawyers were nice and easy to deal with...

[jackknoff]

sounds like something for the lawyers to figure out... You can either give up the domain or get an attorney, but I think twisty's has a legal team and can afford to dish out litigation... It sorta sucks...

Spanx!
Jack

[Agent 488]

i would ask shap.

[Agent 488]

tell them to get stuffed.

http://www.alexa.com/siteinfo/hardsextube.com

[rbnsandiego]

this is a trademark issue. i am more than happy to assist. it has a lot to do with likelihood of confusion and who was the first to use the mark, in commerce.

[Fuller.CM]

Originally Posted by ATL

OK experts, here is a question for you.
Say (for example) I owned abc.com and the owner of ab.com said I am infringing upon his domain name of ab.com Since his copyrighted word of 'ab' is in my domain. Personally I think it's total bullshit but he tried.

Now my question, would this be true?

I am not a lawyer but having dealt with trademark issues before I can relay some advice from our lawyers on the subject. What you want to look into is the difference between a weak mark and a strong mark.

Strong marks are arbitrary and fanciful (think amazon, radioSHACK), whereas weak marks tend to be descriptive (think AutoParts Inc, HousePainters Inc, etc). The term Amazon has nothing to do with what their business is so it is considered fanciful, making it a strong mark. The same with RadioShack, the shack is arbitrary and fanciful, this makes it a strong mark.

AutoZone used to be AutoShack until RadioShack won a trademark case against them. So there you can see how a strong mark can easily carry across industries.

So this really depends entirely on what the AB and ABC are in your examples. Does this company have a strong mark or a weak mark.

One thing to do is to find their trademark, try searching for it
uspto.gov/trademarks/process/search/

When trademarks are granted they are sometimes granted with provisions and limitations, finding the trademark grant will show you if any of these exist.

This should give you an idea of the law surrounding trademarks. Hope it helps, good luck

PS: If you know a good business lawyer you could probably get them to look at this for a small charge, though their hourly rates are generally somewhat expensive this shouldn't take much time to advise you on. I would take no action on this until you have been advised by a lawyer. If you don't have a lawyer yet, one good way to find one is word of mouth, got any friends with their own businesses? Ask them who they use.