Domain Name Woes

[Sibyl]

I came up with the perfect name for my American business name and corresponding domain. I registered several NEW extension.

Today, I get a legal notice from my domain registrar with an order to turn my domains over to a European company that has the same name trademarked in Europe (And several other countries).

WTF???

The thing is, it's a VERY common compound word. Any gearhead (petrolhead) would use it all the time.

I know that the US honors some foreign trademarks, but c'mon! As I said, this is a VERY common term!

 

[Gary7]

The world of domain names is one huge boondoggle, IMHO.

First, it started out highly unregulated. This encouraged a tremendous number of domain name "squatters." People who would come up with any name they think someone else would want, and "gets there first" in order to overcharge whoever really wants the domain name. I think that's one of the truly ugly sides to capitalistic societies.

Next, the glorification of the ".COM" extension... to the point where it's heavily abused outside its intention. ".COM" was meant for "COMMERCE." But you had people registering dot com domain names with no intention of using them for commerce. Of course now, FINALLY there are many more extensions available. But the DOMAIN NAME SQUATTER companies are out there gobbling up all "prime names" before many people can make an attempt to get them. Like scalpers.

Lastly, the legality of domain names. If two or more businesses want to use a domain name, it becomes a first come first serve scenario... just like trademarks. However, proper name domain names in the dot com extension should be validated as trademarked. In order to protect businesses from losing important domain names, the registrars should verify that any clearly registered or trademarked business name being requested as a domain name be validated as such. And this is independent of scope. If a business has a registered name in a given country and they go to register a domain of the same name, they should be allowed. If another business of the same name in another country suddenly wants that domain name, then tough luck -- you were too late. If you really want it, make an offer to the owner.

Lastly, there should not be the opportunity to pursue lawsuits over domain name ownership, as long as the registrar follows the rules on permission to register.

 

[Sibyl]

Even though this is an EXTREMELY common term, I've found that it has been registered with the US Patent and Trademark Office. I didn't think that was possible. It's basically like trademarking your business "Bank" or "Store". That kinda thing.

I'm pissed, but it looks as if I'll need to cut my losses.

 

[Gary7]

^ These days, the patent and trademark offices allow far too many common words to be legally secured. It's ridiculous. Just like the way Monsanto patents EXISTING seeds. Nature made 'em, not Monsanto.

 

[Sibyl]

As with cannabis. Big Pharma is trying to patent THC (or strains thereof).

According to Slate in 2002:

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.Feb 27, 2002

So there's a chance that I could challenge it. I'm just not sure if it's worth it.

They've pretty much covered the gamut as far as industries and uses.

 

[Mr. Laser Beam]

Next, the glorification of the ".COM" extension... to the point where it's heavily abused outside its intention. ".COM" was meant for "COMMERCE." But you had people registering dot com domain names with no intention of using them for commerce. Of course now, FINALLY there are many more extensions available. But the DOMAIN NAME SQUATTER companies are out there gobbling up all "prime names" before many people can make an attempt to get them. Like scalpers.

And also the squatters/scalpers are capitalizing on the fact that most browsers will default to a .com address when you put a keyword into the address bar. So the squatters grab that first, knowing that the default behavior will lead people there.