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IDN Domain Appraisals Appraisals by other members on International domain names.

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  #1 (permalink)  
Old 26th February 2010, 08:04 PM
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Korean, Russian, Greek, Japanese

Ok, appraise the below, tell me which you think are worth it. Some (more like all) are bordering possible trademark infringement (yikes). Anyways, have a look.


发现它.com (findit.com)
обзор-мобильного.com (mobile-review.com)
最後の分.com (lastminute.com)
последняяминута.com (lastminute.com)
последняя-минута.com (last-minute.com)

Last edited by thefabfive; 26th February 2010 at 08:08 PM.. Reason: Obvious TM domains removed
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Old 26th February 2010, 08:09 PM
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Re: Korean, Russian, Greek, Japanese

Bordering on trademark infringement? How about blatant TM infringement. Domains removed.

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Old 26th February 2010, 08:14 PM
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Re: Korean, Russian, Greek, Japanese

blackberry lets say in japanese, could I not just put a website advertising the wonderful blackberry fruit? Now, I know this topic belongs in law section, but really what right does a company have to sue on the basis of a phonetic. Its as if companies are policing the net and almost every word out there. Btw, why was olympic in greek removed? How is that TM infringement?

Thanks for the welcome

Last edited by gmspitalio; 26th February 2010 at 08:17 PM..
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Old 26th February 2010, 08:18 PM
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Re: Korean, Russian, Greek, Japanese

last minute is blatant too.

you can't tell me that's all your creativity can muster up, to squat on some famous brands.

I don't care if you are trying to work around it by displaying fruit... it's pretty sad IMO.
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Old 26th February 2010, 08:23 PM
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Re: Korean, Russian, Greek, Japanese

so really everything that already exists out there is blatant? I am assuming sun.com in every language would also be blatant given the connection with Sun Java? Why couldnt last minute.com be some kind of auction website or some kind of marketplace? Im not trying to prove you guys wrong just having a discussion to gain a bit of insight into what constitutes infringement and what people's opinions are on this whole issue about corporations having so much power over a word, name or phrase on the internet (specifically in the case of IDN domains)
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Old 26th February 2010, 08:28 PM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by gmspitalio View Post
so really everything that already exists out there is blatant? I am assuming sun.com in every language would also be blatant given the connection with Sun Java? Why couldnt last minute.com be some kind of auction website or some kind of marketplace? Im not trying to prove you guys wrong just having a discussion to gain a bit of insight into what constitutes infringement and what people's opinions are on this whole issue about corporations having so much power over a word, name or phrase on the internet (specifically in the case of IDN domains)
you're missing the point.

We could debate all day the in's and out's of the generic term Apple etc.

but when you post a bunch of well known brands and ask for an opinion, it's pretty clear where your head is at.

My point.. to spell it out. Is there is a ton of opportunity out there still in IDN, without having to go over to the dark-side.
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Old 26th February 2010, 08:33 PM
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Re: Korean, Russian, Greek, Japanese

this thread is probably off topic now, but if I may ask, can a company sue a domain name holder of a "trademark" name or brand, even if the website has nothing on it? Is that still considered acting in bad faith? Thanks.
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Old 26th February 2010, 09:02 PM
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Re: Korean, Russian, Greek, Japanese

If the domain has no generic meaning except the association with the brand then yes, they will try a UDRP and you will lose.

If you own a generic term like metro.xxx then the free newspaper metro has less chance of successfully claiming your name if you have no content on it (yet) and very little chance if you show content on metro stations .
That's the issue with generic terms, if you don't infringe (watch out with uncontrolled ad's of parking services for instance) by showings ads of competitors or even by showing content which is in the same category as the trade category of the trademark then you stand a good chance.
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Old 26th February 2010, 09:23 PM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by gmspitalio View Post
this thread is probably off topic now, but if I may ask, can a company sue a domain name holder of a "trademark" name or brand, even if the website has nothing on it? Is that still considered acting in bad faith? Thanks.
Well, it sure helps their case if they can show a posting on a forum where you attempt to sell a bunch of obvious TM violations.

Blackberry was about the only one removed that COULD be used for a legitimate purpose.
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Old 26th February 2010, 10:11 PM
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Re: Korean, Russian, Greek, Japanese

Agreed, blackberry may be okay, but Pepsi / Pepsico?
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Old 27th February 2010, 09:16 AM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by thefabfive View Post
Agreed, blackberry may be okay, but Pepsi / Pepsico?
I wish my name was Pepsi .
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Old 27th February 2010, 09:44 AM
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Re: Korean, Russian, Greek, Japanese

sorry mistake

Last edited by gmspitalio; 27th February 2010 at 09:53 AM..
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Old 27th February 2010, 09:52 AM
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Re: Korean, Russian, Greek, Japanese

место-работ.com
工作现场.com
места-работы.com
местаработы.com
مكان-العمل.com
按需.com
图24.com
地图24.com
günstigmöbel.com
allesmöbel.com
möbelkäufer.com

Last edited by gmspitalio; 27th February 2010 at 10:14 AM..
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Old 27th February 2010, 09:59 AM
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Re: Korean, Russian, Greek, Japanese

マップ24.com (lots of hits) is the Japanese word for another trademark map24....see Wikipedia below. You are asking for trouble with this one too, Mapsolute will come a knocking very quickly I am sure. Alpha is right, plenty of good generic stuff out there without infringing on trademarks or company brands.

We REALLY frown on TM's here.... the Moderator staff would like you to remove any of the names that are not generic, or were registered to make money off the traffic or goodwill of other companies.

http://en.wikipedia.org/wiki/Map24

"Map24 is a free online mapping service, providing street level maps and driving directions for many parts of the world. Map24 is owned and operated by Mapsolute GmbH, a producer of geographic software. The website has five million users in Germany and 150 million monthly page views".
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Old 27th February 2010, 10:14 AM
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Re: Korean, Russian, Greek, Japanese

removed, but damn! I totally understand, but that's like saying the word "Map" in conjunction with "24" in any language is owned basically by this company. Ridiculous. Either way, should I ever have any trademark problems, I will immediately give up the domain as I cant be bothered fighting it.

Last edited by gmspitalio; 27th February 2010 at 10:53 AM..
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Old 27th February 2010, 11:31 AM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by gmspitalio View Post
removed, but damn! I totally understand, but that's like saying the word "Map" in conjunction with "24" in any language is owned basically by this company. Ridiculous. Either way, should I ever have any trademark problems, I will immediately give up the domain as I cant be bothered fighting it.
Gotta ask the question:
Did you just come up with Map24 on your own without knowing about the company?

Just my 2 cents, you don't want to get on the "WIPO" list, once you are a marked man you might find some eerie characters snoopin' on you looking to get a bounty by exposing any other tms. Get rid of all these domains or put them in an account seperate from yours clearly marked DROP ACCOUNT in the who.is, or better than that email the companies and offer to push them the names that will at least cover your butt if any legal action happens.

Last edited by bwhhisc; 27th February 2010 at 11:37 AM..
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Old 27th February 2010, 01:21 PM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by bwhhisc View Post
Gotta ask the question:
Did you just come up with Map24 on your own without knowing about the company?

Just my 2 cents, you don't want to get on the "WIPO" list, once you are a marked man you might find some eerie characters snoopin' on you looking to get a bounty by exposing any other tms. Get rid of all these domains or put them in an account seperate from yours clearly marked DROP ACCOUNT in the who.is, or better than that email the companies and offer to push them the names that will at least cover your butt if any legal action happens.
advice taken, ive dropped a few IDN's for the sake of avoiding trouble. How is map and 24 not a generic term? I can understand phonetic translations of brands and trademarks but do not see how you can trademark two generic words/numbers together. Same applies for the word "Blackberry" (as in the fruit) in japanese, isnt this a generic word? Thanks for advice.

Last edited by gmspitalio; 27th February 2010 at 01:22 PM..
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Old 27th February 2010, 01:54 PM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by gmspitalio View Post
advice taken, ive dropped a few IDN's for the sake of avoiding trouble. How is map and 24 not a generic term? I can understand phonetic translations of brands and trademarks but do not see how you can trademark two generic words/numbers together. Same applies for the word "Blackberry" (as in the fruit) in japanese, isnt this a generic word? Thanks for advice.
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Old 27th February 2010, 09:17 PM
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Re: Korean, Russian, Greek, Japanese

Quote:
Originally Posted by gmspitalio View Post
I can understand phonetic translations of brands and trademarks but do not see how you can trademark two generic words/numbers together.
I'm new here myself, and I'm not a trademark expert. But let me try to answer this. In short: generic+generic does not equal generic.

For instance, "blueberry" is generic, so I would be happy to register it in Japanese. However, if there were a Japanese car called the Toyota Blueberry, I would make sure my blueberry website did not carry any car ads, since I don't want to risk infringing on anyone's trademark.

Likewise, "computer" is generic, so I would of course love to register it in Japanese.

But "blueberry computer" is not generic (in my inexpert opinion), because it combines two words that don't normally go together. So before I registered "blueberry computer" in Japanese, I would do a trademark search in the Japanese trademark registry. I would also try to learn enough about Japanese trademark law to be sure that if someone somewhere in the world has registered "blueberry computer" in their own language, they do not have rights to that name in Japanese.

But I don't really have time to become an expert in Japanese trademark law, so I simplify my life by staying away from terms like "blueberry computer" that seem to me to be non-generic.

Hope that helps.

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Old 27th February 2010, 09:20 PM
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Re: Korean, Russian, Greek, Japanese

Generic terms may be TM'ed in cases where the use is not related to the generic meaning of the word.

Blackberry have a TM in the "mobile communications" sector. If they tried now get the same TM in the "fruits and vegetables" sector THEORETICALLY they would be denied it.

"maps 24" is trademarkable, because it isn't a generic term. "map directory" would not be trademarkable (HOPEFULLY) because it is descriptive.

"united" is TM'ed by multiple companies in multiple sectors even though it is a dictionary word. Likewise "tide" and "coke".

Sometimes, unfortunately, people are able to get descriptive terms trademarked. Although it doesn't always help them...

http://www.wipo.int/amc/en/domains/d...2008-0767.html
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