Enjoy unlimited access to all forum features for FREE! Optional upgrade available for extra perks.

Genericized Trademarks

Discussion in 'Domain Name Disputes' started by archibel, Aug 4, 2010.

Thread Status:
Not open for further replies.
  1. archibel Spain

    archibel Active Member

    Joined:
    Jan 2008
    Posts:
    71
    Likes Received:
    3
    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.
     
  2. Domain Forum

    Acorn Domains Elite Member

    Joined:
    1999
    Messages:
    Many
    Likes Received:
    Lots
    IWA Meetup
     
  3. doodlebug United Kingdom

    doodlebug Retired Member

    Joined:
    Mar 2007
    Posts:
    5,166
    Likes Received:
    49
    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 :cool:
     
  4. accelerator United Kingdom

    accelerator Well-Known Member

    Joined:
    Apr 2005
    Posts:
    7,435
    Likes Received:
    115
    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
     
Thread Status:
Not open for further replies.