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Lets say I own "bluraystore.net"(I do not own this domain, just using as a generic domain) and I wanted to become a reseller of blu-ray movies at some point in time.

BluRay is not really a common format at this time and is only used by people who can afford those players.

Would I risk losing the name if I wanted to start a reseller on a domain like that?.

Thanks,.

C4smok..

Comments (18)

Blu Ray is NOT generic, it is a disc format created by Sony. To further it claims that it is nt generic, movie studios now are choosing to release DVDs on Blu Ray format exclusively. Sony has a live registration currently, though it has not been approved yet...

Comment #1

Mmm.. I would say this is very risky. BluRay is a new medium for not only films but also PlaySation 3 games, so are increasingly used...

Comment #2

I don't agree with DNQuest.com. Sony have applied to trademark "Blu-Ray" but -.

1) the mark hasn't been granted yet in the categories they have applied for and bearing in mind they applied in 2005, my best guess is other electronics companies objected strongly.

2) the categories applied for don't preclude anybody selling, renting, or reviewing Blu-Ray movies from a website, online Blu-Ray forums and communities of interest or any anything else a web developer would want to do with a domain with the term Blu-Ray in.

This extract is from the USPTO.gov website;.

"Optical disc players and recorders for audio, video and computer data; blank optical discs; pre-recorded optical discs featuring music, movies, games, text data, still images and motion pictures; television sets; video cameras; digital still cameras; personal computers; digital satellite broadcasting systems, namely, receivers, transmitters and antennas for satellite broadcasting; video game machines for use with televisions, all for use with optical discs as recording media".

3) Even if the above was not the case, and it is, Sony is hardly likely to go after people with Blu-Ray domains that promote their technology when there is a format war going on. That's free publicity and marketing for them...

Comment #3

Is this fact or your opinion?.

I suspect the latter, it's not worth the risk imo, why take the chance?...

Comment #4

There is no risk. Read 1) and 2). They're both fact. 3) is opinion but it's so obvious I can't believe anybody would dispute it. I never advocate cybersquatting or the deliberate registration of trademarks but this mark isn't registered, even if it gets registered it doesn't cover any online uses, and even if Sony added further categories to the application, they would never try to block people from promoting their format online because it's in their financial interests for people to be talking about Blu-Ray and buying official Blu-Ray products. All they are trying to do is force other manufacturers to license the technology from them rather than copy it for nothing.

Read the categorisation for goodness sake...

Comment #5

Blu Ray (as in dvds) is not even slightly generic and already famous. I would ask Sony for permission to use it. The other option is to take on some possible risk!..

Comment #6

I contacted Sony 3 weeks ago and never got a responce back..

Blu-Ray or BRD's are an independent media of DVD's... They use Blue lasers instead of the red lasers DVD's use...

Comment #7

Ford doesn't seem to care about people promoting Mustang products. http://www.recordnet.com/apps/pbcs.d...605100302/1003..

Comment #8

It's also a fact that the UDRP (if Sony chooses that route) simply requires the.

Complainant to demonstrate at least common law trademark rights. That's one.

Other risk to consider.

The real question here is will someone care...

Comment #9

Just push the domain to a fictious account with all fictious details and see the fun (Thats what I do )..

Comment #10

Phil is right...Blu-ray is NOT generic. Maybe...maybe not. Depends on lawyers, judges, and a jury.

If you want my opinion...get a more generic name. I just think it's the safest method. I think you could come up with a creative name with just the term "blu"...

Comment #11

Take notes cybersquatters, this is one way to try to beat the system. So glad you were able to share the squatting tactics with us, it is much appreciated...

Comment #12

BluNew.com < lets say I regged something like that for a storefront would that cause any issues?..

Comment #13

I don't think there is any risk for Blu-Ray domains. Of course this is only my opinion and not based on law... Blu-Ray wants to be the equivalent of DVD or cassette. I've never seen anyone have a problem with a generic DVD or cassette domain. Besides that they need all the help they can get right now with the format war. If John Smith owned bluraygeneric.com and was selling their discs and Sony took or attempted to take that domain away it could create an uproar of retailers, wholesalers, consumers, the whole supply chain of people helping them make money. Sony would probably even lose the backers (other movie companies) over something that slows the progression of getting the word out for their product...

Comment #14

Another point of reference. Sony and Philips co-developed the CD between 1979-1982. CD.com was registered in 1992 and is parked with CD advertisements. CD Wow! is one of the biggest online CD retailers in the UK. There are already 2 companies registered at Companies House in the UK with Blu-Ray in their name; Blu-Ray Limited and Blu-Ray Supplies Limited. Did Sony object to those names?.

If you want everybody to use and sell your format you can hardly stop people using it in their company or domain name. The "it's risky" arguments posted here are knee jerk scaremongering.

Labrocca you are presumably making PPC income from ForemanGrills.com. Are you paying George for making money off his image and registered George Foreman trademark or is he turning a blind eye because you are helping to sell more grills for him?..

Comment #15

You presume well my friend.

George gets a cut from the grills sold. If he wants the domain he just has to contact me. I would of course request an autographed photo in exchange.

Hey...I like blunew.com btw. Grab it while you can...

Comment #16

I would register that domain in a heart beat. Can you imagine Sony chasing down every web site that has anything to do with Blu-ray disks and that were established without their permission? Can you imagine how many applications for a permission Sony would have to go through? I don't think you'll ever grow the site to the size where it is threatening to Sony's revenues...

Comment #17

Would someone please remind me why real domainers get such a bad rap as cybersquatters?..

Comment #18


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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