How to monetize French IDN?

[IdnHost]

banana republic, the clothing store, also consists of two generic words. better to be sure.

[Drewbert]

Originally Posted by Domainer1

Squirrel, thank you for this warning.May be it's tm as well, but may be it consists of generic words, so it can't be tm.

Hmmm.

Tide
United
Absolut

Just to name a few.

I had banana-republic.com taken off me years ago.

TM's and policing of such can be quite irrational.

If you've had a domain for 10+ years which turns out to be a TM and you've used it in a non-infringing way, should the TM owner still have any rights? The document of latches sp?) is getting an airing in UDRP's recently.

I think if I was a TM owner and found a domainer had a domain and was using it in a way that wasn't damaging the "intellectual property" - possibly helping in sales, I think I'd be happier than if it was registered by a nutcase who was sending it to a kiddy porn page.

But that's being rational.

[blackpower]

Originally Posted by Drewbert

Hmmm.

Tide
United
Absolut

Just to name a few.

I had banana-republic.com taken off me years ago.

TM's and policing of such can be quite irrational.

If you've had a domain for 10+ years which turns out to be a TM and you've used it in a non-infringing way, should the TM owner still have any rights? The document of latches sp?) is getting an airing in UDRP's recently.

I think if I was a TM owner and found a domainer had a domain and was using it in a way that wasn't damaging the "intellectual property" - possibly helping in sales, I think I'd be happier than if it was registered by a nutcase who was sending it to a kiddy porn page.

But that's being rational.

The problem is nobody wants to fight a losing battle. By the spirit of Law, a trademark owner loses TM right/or they are severely diluted if he does not fight infringements. But then you end up in UDRP and it's all up to some corrupt "expert". We've seen so many cases of that, didn't we?
In USA one can stop the takeover by UDRP by going to local court but this is only worth it in big and clear case like Barcelona.com

[Jay]

Since this has branched off into trademark issues now, I have a question - if you register a name that is a translation of a website, but the name itself is not trademarked, is this a violation? What's people's take on this? Let's say the website is about cars and is called CoolSmokingWheels.com and you get the Japanese translation?

[Ryu]

Originally Posted by Jay

Since this has branched off into trademark issues now, I have a question - if you register a name that is a translation of a website, but the name itself is not trademarked, is this a violation? What's people's take on this? Let's say the website is about cars and is called CoolSmokingWheels.com and you get the Japanese translation?

Well, I'd say it's the intention that matters. In your sample case, "Cool smoking wheels" is a very unique combination of words, and there's no doubt that whoever registers the Japanese transliteration of such combination does so to unfairly take advantage of an existing site. Hence imo it's violation.

When a website is very popular and has a very unique name, I think the name is a de-facto TM.

[Drewbert]

Originally Posted by Ryu

Well, I'd say it's the intention that matters. In your sample case, "Cool smoking wheels" is a very unique combination of words, and there's no doubt that whoever registers the Japanese transliteration of such combination does so to unfairly take advantage of an existing site. Hence imo it's violation.

The TM system is owner-policed. It's up to the TM owner to allege violation. It's not up to anyone else to decide.

The question of owning an English TM sentence and automatically receiving trademark protection in every other language used in the galaxy is going a bit too far, I think. Especially considering there could be 10 different chinese variants of it.

When a website is very popular and has a very unique name, I think the name is a de-facto TM.

Well, it's a name used in commerce and maybe a common law TM - as opposed to a registered TM.

Of course, the same phrase can have multiple TM owners - using the phrase in different areas of business - that's why TM systems have "classes".

There are two entities with a TM for "blah blah blah", another has "blah, blah, blah" and another has "blah blah blah!".

I have one guy try to muscle a descriptive domain from me, based on him having a TM. I checked - he had APPLIED for a TM, that's not the same as having a TM, especially since they rejected it later.

Finally, I'm not a lawyer, don't aspire to be one, don't play one on TV, and if you are having difficulties in this area you should make contact with one of the TM attorneys that frequent this forum.

[Ryu]

Once again, I'd say it's the question of one's intention. Website names are like human names. There's no problem registering the domain name of your name for example, even if the name is coincidentally that of a very famous person.

But if you own a collection of celebrity names, whether the names are translated or not, then that's another story altogether. It would be deemed that the names were registered to unfairly take advantage of those people's fame. In such a case, you can't complain when you get WIPOed or sued.

As long as you intend to play fair, I don't think you'd have problem with generic-word(s) TMs and websites names. Or at least there should not be a problem.

[joel]

Hi,
im french an know a guy how offer emd parking that automaticly fill with affiliation. So this is not ads income, but leads income.
Ex : -www.devisassuranceauto.com
Your dn must be money keyword exact match.
if interested, pm me

[clipper]

I would use Ebay:
https://www.ebaypartnernetwork.com/f...-US/index.html

You can set up your own feeds based on ebay.fr searches and RSS.

Good luck.