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GoDaddy review : Advise I pay for GoDaddy?? Can "PORTAL" or "SITE" be TRADEMARKED?

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Can "PORTAL" or "SITE" be TRADEMARKED?.

On the internet some words have aquired a meaning of their own, almost, if not generic. Words like PORTAL, WEBSITE,WEBPAGE ect. These words are basicly internet catagories if you like. You will find them being used to catagorise or group similar things together. For instance ARTPORTAL or ARTSITE or ARTPAGE or ARTWEB. Or JOBPORTAL,JOBPAGE or JOBSITE.

Is this allowed? Can I trademark for instance BOATSITE or BIKEWEB or FOODPORTAL? And if I did does it mean that no-one else is allowed to use those trademarked terms on the internet. Say I start a company selling boats. So I decide to call it BOATSITE and trademark it as such. Will my application for trademark on BOATSITE be accepted or rejected on the grounds that it is too generic in nature? OK assuming it is accepted and I get the trademark. Then I register BOATSITE.com.

On my website I put my TM mark next to my company name. BOATSITE TM. After a while I notice that someone else has registered a domain called BOATSITE.net Can I send them a cease and desist and get them to hand over their .net site to me? In fact can I get anyone who registers a domain called boatsite under any of the other extensions such as .info,.org, .us .de ect to hand it over to me? Am I in fact the only entity now who is allowed to use the term BOATSITE on the internet as I have the Trademark and can force anyone else who registers BOATSITE under another extension to hand it over to me. Am I correct in thinking this?.

Regards.

Thank you.

Fred..

Comments (12)

No they can't. You can't trademark a name that's generic to it's field. However JangaPortal.com could be trademarked. Janga being the important word here. They wouldn't be able to stop anyone from using portal though...

Comment #1

A trademark isn't some magical amulet granting you absolute exclusivity to a.

Term. It can and can't be used against certain domain registrants depending.

On various factors (e.g. usage, registration date, etc.).

IIRC WIPO reminded the Easy Group they don't have exclusivity over the word.

"easy". Just google for it.

Think of it this way: if you're thinking of registering a domain and someone has.

Established trademark rights to that term, you don't want them stopping you.

From using it because only they have absolute exclusive rights to the term, do.

You? Especially if you're going to use it for a totally different non-commercial.

Topic?.

If you feel bad something like that happen to you, imagine the other person if.

Ever you did that to him/her. Respect, man, respect...

Comment #2

The Internet is trademarked ... well, ok the word "Internet" is trademarked by several different entities.

That's why on many TM applications that involve an internet website, etc they will use the phrase "global computer network" instead of "internet".

Ron..

Comment #3

Where the hell do you get these lies from? Certainly you have to be the most clueless person I have seen in quite some time. If you don't know what you are talking about don't say anything. Your post is 100% fabrication. It's insulting and misleading. Get a clue...

Comment #4

Haha you tell him labrocca! I always enjoy reading replies by you and DNQuest, because while I don't always agree with you both, I think you guys have the best grasp on the legal aspects of domaining. I find myself spending more time reading this particular section of NP than any other...

Comment #5

Are you an attorney?.

I know for certain that the statement "global computer network" and similar was used on many TMs because of the "internet" TM issue years ago; I ran into that situation personally when I hired an experienced attorney. I never said such wording to be necessary now, but it was an issue in the recent past.

What I wrote about the word "internet" being trademarked (whether it's enforceable or not is another issue) is correct - if you can document otherwise, then do so ... personal attacks are a sign of weakness and ignorance, and thus not welcomed.

So again, if you believe what I wrote is incorrect, please state why.

Ron..

Comment #6

One only needs to do a TESS lookup for internet to see your statement was pure fabrication. Also it's irrelevant to the original question. You're just bloviating.

Find me a the serial number for the term "internet" at TESS. The term "Internet" is NOT trademarked. I see internet used often in names such as "Internetdisk" or "PITTSBURGH INTERNET EXCHANGE" but the word "internet" isn't TMed. Also dead TMs don't count as you say it in the present tense that the term is indeed TMed.

If you search for INTERNET you will get THOUSANDS of TMs using the term..live and dead. This directly disputes your "global computer network" theory. "Global computer network" may be used but NOT because the term INTERNET is TMed. Most often when this term is used the internet term is also used. One would think the reason is because of smart lawyers knowing that a Global Computer Network may not mean the Internet in the future. It may mean an intranet or possibly some future satellite or wireless network that may be actually different than the internet.

I don't have to be a lawyer to smell the bullcrap of your statement a mile away. btw...not being able to admit your wrong is a sign of weakness and ignorance..

Comment #7

I'm certainly glad you acknowledge NOT being an attorney ...

Try the following free-form search... internet[fm] and live[ld].

1 75695124 2395205 INTERNET TARR LIVE.

2 75115689 2374108 INTERNET TARR LIVE.

3 74632743 2027675 INTERNET TARR LIVE.

4 74689438 2408950 INTERNET TARR LIVE.

5 74374753 2374089 INTERNET TARR LIVE.

6 74374629 2374088 INTERNET TARR LIVE.

7 74374587 2374087 INTERNET TARR LIVE.

8 74374583 2374086 INTERNET TARR LIVE.

9 74374577 2374085 INTERNET TARR LIVE.

10 74683785 2175917 INTERNET TARR LIVE.

11 74651309 2207812 INTERNET TARR LIVE.

12 74648841 2159817 INTERNET TARR LIVE.

13 74180426 1741790 INTERNET TARR LIVE.

14 73801226 1576857 INTERNET TARR LIVE.

15 73799139 1610843 INTERNET TARR LIVE.

16 73614151 1441474 INTERNET TARR LIVE.

17 73478694 1322486 INTERNET TARR LIVE.

18 73375591 1274148 INTERNET TARR LIVE.

Some reference previous registrations - for more details do same query without "and live[ld]".

On a related note, "dead" is in reference to TM registrations - even if "dead" a TM may still be actively in use in commerce; be a common law TM.

Now you were saying ... LOL!.

Ron..

Comment #8

You really don't seem to have a grasp of how TM law works. I looked up the first 10 and it's clear to see from these searches that you really dont. Theres a HUGE difference between a word mark and a design or stylized text mark. The 2 that are word marks, have absolutely nothing to do with computers, they're for paper products.

Design or stylized text marks are TMs for just that, the design or stylized text and don't hold any exclusivity for the actual word... In fact, some of those records expressly say this, so I'm not sure why you would think otherwise. The word marks for the paper products would have absolutely no bearing in the context that you attributed in your original post, because they are exclusive to paper products only.

So again, I agree with Labrocca, you're just throwing out wild claims without having any real knowledge...

This is a place for users to lesrn about the law and get some helpful insight from other users... If you aren't knowledgable in this area, you're not helping by throwing out random, inaccurate claims. We're not all lawyers, but some of us still know alot about the law and we try to help when we can. Obviously, it's advisable to seek further legal counsel if you find yourself in a situation that requires professional services...

Comment #9

How wrong is this statement Domagon?.

I repeat btw...not being able to admit your wrong is a sign of weakness and ignorance.

You can argue all you want with me. You can even try to change the subject. What you stated was incorrect and misleading to the members here...

Comment #10

Archived link to a news article (this is just one of numerous) regarding "internet" trademarks, and the recommendation by some to use "global computer network" instead... http://web.archive.org/web/199705230...ness/NET21.htm To be clear, I never stated "internet" TM was enforceable now, but it is a TM and furthermore, in the past, use of other terminology was used to describe the internet to avoid any potential, though admittedly remote, problems.

On a related note, I'm curious whether any of the attorneys who post at DNForum post here - that would have likely helped in this thread, since everyone who has responded in this thread, to the best of my knowledge, including myself, are not attorneys.

Ron..

Comment #11

Yeah I am sure at one point there was an attempt to TM the name...that article was about 10 years ago...that's like ancient history on the web. One must assume they failed in their attempt to protect their so-called mark. Desire and reality aren't the same thing.

Also the last paragraph in the post says it all, it's from a lawyer, and directly contradicts your original statement in this thread...

Comment #12


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

 

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