Trademark Common Sense – For Newbies…
By A on Mar 18, 2008 in Advice, Newbies, Trademarks
We have a golden rule around here. Any name we acquire, register or take possession of must meet (at the very minimum) three (3) strict requirements:
1) Generic enough so no person(s) can claim exclusive right
2) Potentially violate an existing trademark (where we do not have a plan to create a business so uniquely different that such a violation would not exist)
3) Keywords we can develop unique content around
It’s crazy that in this day and age people still register names with the words “Google” or “msn” or “yahoo” in it. Furthermore, even names like “Ford”, “Chevron”, and Exxon” are still being attached to “newbie” registrations with hopes of parking the name to make a few bucks.
Here’s my advice to anyone considering investing in the domain name space.
If you are registering a name with hopes of receiving traffic based on how close a domain name is to a company’s product, brand, slogan or someone who is considered a celebrity then grow up.
It may be cool (at least in your circle) to own ThatDumbParis.com but think about it – if you don’t have plans to create your own unique site with content that doesn’t reference a particular blonde – then why are you registering that name?
Move on, register dumbgirls.com, dumbchicks.com – something of that nature.
Many years ago we owned a famous designers name in .org and another’s in .com. I will be the first to admit that we were hoping for a big payday but this was before the laws were clear and when nobody (even their attorneys) really understood the possible outcomes from going to court. After giving it a lot of thought, it was clear that any profit would be gained from capitalizing on somebody else’s brand so a signature later and we passed up the domains.
Today is different. Laws are in place, domain dispute resolution has proven extremely effective for legitimate trademark holders and many of the portfolio buyers, big players and old school domainers truly understand what constitutes a trademark infringement - avoiding them like the plague.
As for all you newbies - Fight for the Generics but seriously, don’t waste your time with the others.
