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-   -   Domain trademark (https://gfy.com/showthread.php?t=1201376)

k33n 06-09-2016 12:41 AM

Domain trademark
 
Do you think that imlivesex domain is a trademark infrigement?
I have checked on the web and found nothing about it.

robwod 06-09-2016 03:10 AM

Here's the thing to consider. ImLive has deep pockets. It takes money to defend yourself. Is it worth the investment given the potential cost to defend it?

Clearly, by this poll, you already know it's potential to cause legal issues. So the question really is... "is it worth it?"

suesheboy 06-09-2016 03:24 AM

Quote:

Originally Posted by robwod (Post 20950688)
Here's the thing to consider. ImLive has deep pockets. It takes money to defend yourself. Is it worth the investment given the potential cost to defend it?

Clearly, by this poll, you already know it's potential to cause legal issues. So the question really is... "is it worth it?"

</thread>

johnnyburnaway 06-09-2016 03:59 AM

It's a no brainer. It's a registered, live trademark in the US. Even if you are only promoting them you are setting up a situation where they can just claim it via UDRP (look it up) or through courts. Drop/avoid.

j3rkules 06-09-2016 04:45 AM

Yeah, it is a registered trademark. Good luck...

k33n 06-09-2016 04:51 AM

Yeah..you are right.Fuck it..ill let it expire.

robwod 06-09-2016 04:57 AM

Quote:

Originally Posted by k33n (Post 20950811)
Yeah..you are right.Fuck it..ill let it expire.

What you could do is reach out to ImLive and request authorization to use it to brand to their sites. Some sponsors will do it, others will not. In some cases, they'll want you to turn over the domain to them and then they will authorize you to use it.

FWIW, we've done this with a number of well-known adult brands/trademarks over the years, where they own the domain, and we market it exclusively under an affiliate arrangement. I know there are downsides to this and certainly naysayers, but it's always worked out well for us, and for me personally.

It certainly does not hurt to reach out the owner of the trademark, with a reasonable business proposal, to use the domain.

VRPdommy 06-09-2016 05:33 AM

While owning the domain itself is not a crime or necessarily infringement.

It is the "use of the name" that if it becomes "CONFUSINGLY SIMILAR" to the description of the mark, the domain name itself will be like a extra nail in your coffin as to your intent to confuse the mark.


A trademark is a MAKERS MARK. You may not benefit/profit from being confusingly similar to it. It represents you as to the quality one might expect in goods and services.

If you can establish rights of you own to the name that predate the mark, you have a argument for use.

But to use a domain that is confusingly similar with a mark and with similar goods and services is not a winning combination.

shake 06-09-2016 08:14 AM

Choose a better domain, build your own brand. The worst thing you could do is put your time and money into a domain you'll probably lose.


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