How do i find names which are prohibited to use in domains? - GoFuckYourself.com

MrDeiz · 03-23-2014, 11:16 AM

Or rather where do i find if a name in question could be use in domain?

PeR930 · 03-23-2014, 11:17 AM

Just don't use something trademarked for a similar purpose.

pornmasta · 03-23-2014, 12:09 PM

Is putin-riot.com available ?

pornlaw · 03-23-2014, 12:32 PM

If you're in the US...

USPTO.gov ...
And Google.com
And Whois.net
And YP.com

Even then you won't have done a complete search but that will give you a better idea.

Have fun...

DBS.US · 03-23-2014, 12:55 PM

Quote:

Originally Posted by ViPeR_930

Just don't use something trademarked for a similar purpose.

woj · 03-23-2014, 01:59 PM

Quote:

Originally Posted by pornlaw

If you're in the US...

USPTO.gov ...
And Google.com
And Whois.net
And YP.com

Even then you won't have done a complete search but that will give you a better idea.

Have fun...

why would anything but USPTO matter? Isn't any case without a registered trademark weak and pretty hard to win? Can you point out some cases in which someone successfully sued and won a domain dispute without a registered trademark?

MrDeiz · 03-23-2014, 02:53 PM

so if i find a name at USPTO i can't use it for my domain if i don't want to get sued?
let's say i own some kardashian domains, they can take those any time they want to?

pornlaw · 03-23-2014, 04:25 PM

Are you talking about a UDRP case or a Lanham Act/TM infringement case ? Those are two different things.

Also like the OP mention in his last post - real names cannot be TM'd but you will probably lose those domains in a UDRP case to the actual person.

You also have to realized that even without a registered TM there is still a common law trademark based on first in use. But that common law TM is limited in its geographic scope. In the US we go by the idea of first in use. In most European countries they go by first to register.

To answer your question if it's about UDRP I would need to do some research. I don't have instant recall of thousands of UDRP decisions. Generally it's not a good idea to use a name that someone else is already using unless you have enough money to litigate the issue or buy the rights.

Sid70 · 03-23-2014, 04:28 PM

Quote:

Originally Posted by MrDeiz

so if i find a name at USPTO i can't use it for my domain if i don't want to get sued?
let's say i own some kardashian domains, they can take those any time they want to?

What's the plan, man, cooking another revolution

?

MrDeiz · 03-24-2014, 01:13 AM

Quote:

Originally Posted by pornlaw

Are you talking about a UDRP case or a Lanham Act/TM infringement case ? Those are two different things.

Also like the OP mention in his last post - real names cannot be TM'd but you will probably lose those domains in a UDRP case to the actual person.

You also have to realized that even without a registered TM there is still a common law trademark based on first in use. But that common law TM is limited in its geographic scope. In the US we go by the idea of first in use. In most European countries they go by first to register.

To answer your question if it's about UDRP I would need to do some research. I don't have instant recall of thousands of UDRP decisions. Generally it's not a good idea to use a name that someone else is already using unless you have enough money to litigate the issue or buy the rights.

thx man
if i use US registrar, but my company is EU (i'm EU client of US registrar) i work under US law?

03-23-2014, 11:16 AM	#1
MrDeiz SignBucksDaily.com Join Date: May 2008 Posts: 9,802	How do i find names which are prohibited to use in domains? Or rather where do i find if a name in question could be use in domain? __________________ Make money with WEBC$MS The only way to still make money in adult

03-23-2014, 12:32 PM	#4
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,850	If you're in the US... USPTO.gov ... And Google.com And Whois.net And YP.com Even then you won't have done a complete search but that will give you a better idea. Have fun... Last edited by pornlaw; 03-23-2014 at 12:33 PM..

03-23-2014, 02:53 PM	#7
MrDeiz SignBucksDaily.com Join Date: May 2008 Posts: 9,802	so if i find a name at USPTO i can't use it for my domain if i don't want to get sued? let's say i own some kardashian domains, they can take those any time they want to? __________________ Make money with WEBC$MS The only way to still make money in adult

03-23-2014, 04:25 PM	#8
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,850	Are you talking about a UDRP case or a Lanham Act/TM infringement case ? Those are two different things. Also like the OP mention in his last post - real names cannot be TM'd but you will probably lose those domains in a UDRP case to the actual person. You also have to realized that even without a registered TM there is still a common law trademark based on first in use. But that common law TM is limited in its geographic scope. In the US we go by the idea of first in use. In most European countries they go by first to register. To answer your question if it's about UDRP I would need to do some research. I don't have instant recall of thousands of UDRP decisions. Generally it's not a good idea to use a name that someone else is already using unless you have enough money to litigate the issue or buy the rights. __________________ Michael www.AdultBizLaw.com

03-23-2014, 11:17 AM	#2
PeR930 Confirmed User Industry Role: Join Date: Dec 2012 Posts: 283	Just don't use something trademarked for a similar purpose.

03-23-2014, 12:09 PM	#3
pornmasta Too lazy to set a custom title Join Date: Jun 2006 Posts: 18,942	Is putin-riot.com available ?