Buy Sell Discuss UK Domain Names at AcornDomains.co.uk

Today's Drop Dates are: 07-11-2011 or 14-11-2011   All times are GMT. The time now is 04:25:43 PM.
Domain Name Sales Domain Software Calculate UK Domain Drop Dates Domain Registration NameDrive Domain Parking Subscribe to our Domains For Sale newsletter
Go Back   Domain Forum Acorn Domains Buy Sell Auction UK Domains > Domain Name Disputes & Scams > Domain Name Disputes
Connect with Facebook

Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 04-08-2010, 08:47:44 AM     #1 (permalink)
Member
 
archibel's Avatar
 
Join Date: Jan 2008
Location: Rossendale
Posts: 35
archibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond reputearchibel has a reputation beyond repute

Genericized Trademarks

I'm tempted to purchase a short single word domain for £xx,xxx which 99% of the population would consider to be a generic term. (The word is actually a trademark owned by Kawasaki.)

As far as I can tell, in the US such 'genericized' trademarks formally lose their legal protection after a period of time e.g. Escalator, Heroin, Yo-Yo.

But in the UK, I don't think this status exists - however, a quick google search on the term 'hoover' shows that Dyson is using the term in its Adwords campaign...so maybe there is no problem.

I appreciate this is probably one for the lawyers to sort out - but I'd be interested to hear your views.
archibel is offline  
Old 04-08-2010, 09:05:25 AM     #2 (permalink)

 
doodlebug's Avatar
 
Join Date: Mar 2007
Location: This time next year we'll be millionaires !
Posts: 4,572
doodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond reputedoodlebug has a reputation beyond repute

Hoover is definitley a TM, it's not generic, I can't think what you call it but Hoover is just what people got use to calling a vacuum cleaner and is actually the manufactures TM, it's not a specific word and companies are always bidding on each others name and using them in their ads.

But if the word you want is in the dictionary then usually you are ok with it but at £xx,xxx absolutely get legal advice.

Good luck
__________________
No links for me thanks !
doodlebug is offline  
Old 04-08-2010, 11:55:54 AM     #3 (permalink)

 
accelerator's Avatar
 
Join Date: Apr 2005
Location: England
Posts: 4,764
accelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond reputeaccelerator has a reputation beyond repute

If Kawasaki invented the product, took out a UK trademark, and then it came into popular parlance, I doubt you would be able to use the domain to promote such a product without Kawasaki having a strong legal case against you.

Trademarks can be quite powerful when it comes to domains.

Rgds
accelerator is offline  
Closed Thread



Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Thread Thread Starter Domain Name Community Replies Last Post
Using Trademarks in Domain Names - Elliot's Blog (blog) RSS Domain Name News 0 15-06-2010 01:59:07 AM
Legal: Domain Names, Trade Names, and Trademarks - Practical Ecommerce RSS Domain Name News 0 20-04-2010 08:59:14 AM
Sunday Buzz Do WaMu logo and trademarks have value? - Seattle Times RSS Domain Name News 0 21-03-2010 06:01:21 AM
Protection of Well-known Trademarks - Linex Legal RSS Domain Name News 0 01-06-2009 02:59:02 PM
looking revenue names £50 pm upwards, trademarks also pugyrob Domain Name Wanted 3 09-07-2008 01:45:27 PM

Reseller Hosting


All times are GMT. The time now is 04:25:43 PM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0 RC 2
All content on Acorn Domains is member generated and is not moderated before posting. All content is viewed and used by you at your own risk and AD does not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributors and not necessarily those of AD. Please contact us to report any issues or send a PM to "Admin".