Cancelled my subscription to the Motley Fool after seeing this news and sent the following email to the editorial department:.
Well, I found no mention of the matter on their website. I cancelled my e-newsletter subscription with The Motley Fool.
But I felt compelled to send a letter to the editor:.
What's more foolish than a bunch of fools who think they own the alphabet? When those fools are so arrogant that they believe they have the rights to a domain name simply because they want it.
Any junior high school kid with the proper set of tools (a computer and an internet connection) could go to the USTPO and find this statement in regards to granting trademarks: http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T1215.
This deals specifically with domain names.
Pay Particular attention to section 1215.05 Generic Refusals.
Understand when it is referring to being a "refusal" the USPTO is instructing their own patent attorneys to "refuse" the granting of trademarks "in general the examining attorney should refuse registration on the ground that the mark is generic... and cite specific examples of the generic word TURKEY and BANK.
Do understand that you do not own the word fool. Otherwise that would be such a bonanza to be able to sue the hell out of anyone who uttered and printed the word without the express written permission of, well, the fools that be.
So if your contention was it "(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights", then lets start lining them up and go down the list of defendants. And by the way, don't forget there are a total of 256 domain name extensions so do the math.
Congrats to http://esqwire.com !.
There is always something behind the scenes that we can't see, but this one looks to be a rather straight up and down victory for the "good guys".
I like fool.com and am surprised that a enterprising group like they are couldn't come to a reasonable sale agreement....
This case reminds me of the C&D I received for a domain I already sold. The domain was a LLL and the company asserted many of the same issues as in the FOOLS.com case. Part of me wanted to go to artibration just to bust the complaintant's balls and I revel in the fact Ari has been successful in cases like this one...
They should have never received a trademark for FOOL in the first place as it's a generic word. Full report: http://www.dailydomainer.com/2007135-fools.html..
Depending on applicable law or court decision, a generic word can be used as.
A trademark. In the US, it can be utilized in an arbitrary or suggestive manner.
As long as it's holder can demonstrate such. (hints)..