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  1. #1

    SalaryNet.com

    I registered SalaryNet.com
    After registering I saw the following trademark status for "SalaryNet"

    1) Do I have to concern myself on this TM issue?
    2) How much is the domain worth undeveloped?
    Thanks,
    SG.

    Status: New Application - Record Initialized Not Assigned to Examiner


    Status: New Application - Record Initialized Not Assigned to Examiner
    Primary Class: 35 - Advertising and business
    Classes: 35 - Advertising and business
    Goods & Services: PROVISION OF MARKETING AND SALES ENABLING SERVICES AND PRODUCT SUPPORT SERVICESTO FINANCIAL INSTITUTIONS VIA A GLOBAL COMPUTER NETWORK WITH RESPECT TO CORPORATE DISABILITY PRODUCTS
    Seattle.ORG TechHQ.com IndiaNet.com InsuranceToday.com

  2. #2
    Join Date
    Sep 2002
    Posts
    2,857
    1. Yes.
    2. Undeveloped but with what intention? To sell to someone else so that you avoid #1 above?

    This link shows that the trademark is registered.

  3. #3
    Join Date
    Sep 2002
    Posts
    2,857
    Just to add that the trademark owners own the .Net
    So it might be that they owned the .com which has dropped.

  4. #4
    Join Date
    Sep 2002
    Location
    Wales (UK)
    Posts
    24,745
    Well their tm is reigistered on the principal register and with that class/usage I would say it could be a liability for you.

    There are many other factors that could influence it though - like your location, and whether the panelist/judge believed the tm was strong enough to cover you and your usage of it.

    Having said that though, imo you would be likely to lose any action they brought against you.
    When using google for counts - use double quotes for usage counts for multiword terms and set "match type" to "exact" for all search volume lookups. Click here for more info

  5. #5
    Join Date
    Sep 2002
    Posts
    2,857
    Agreed. That said, I have sold a .net to the person by the same last name, a large corporation executive no less. So, if you're bold enough you can even approach the .Net owner offering a reasonable deal.

  6. #6
    Join Date
    Sep 2002
    Posts
    213

    If they go to...

    Arb forum for the domain...

    Consider the domain lost without any questions. Arb Forum is totally biased. If an american company files there, THEY will judge in their favour.

    Goes to Wipo, consider your domain lost, as those panelist never follow a single thought process of rules. They make up rules as they go.

    What are you left with? Directly to courts? i doubt they will go that route as it will be cheaper for them to get it via above two options.

    Also on safesys's point. Let me add, no matter where you are on this planet, if you registered a .com, The jurisdiction claim in the court of law would be where VeriSign is located(The registry)

    The old hands have sculpted the law in their favour. Like it or not.

  7. #7
    Join Date
    Sep 2002
    Location
    Wales (UK)
    Posts
    24,745
    Thats true Maax if they take the domain itself to court rather than the domain owner (was a very scary precedent imo).
    When using google for counts - use double quotes for usage counts for multiword terms and set "match type" to "exact" for all search volume lookups. Click here for more info

  8. #8
    Join Date
    Sep 2002
    Posts
    2,857
    I thought it's the Registrar that determines the court's juristiction, not the Registry? In that sense, wherever Joker.com is based (Germany).

  9. #9
    Join Date
    Sep 2002
    Posts
    213

    Timechange

    Two possibilities..IANAL, this is what has happened so far based on real life cases.

    1) If they sue you personally and the registrar is outside the U.S. Then the jurisdiction is in the registrars( but remember, if the registrar computers are located in the U.S. This won't work.)country.

    2) If they sue the DOMAIN NAME, then the REGISTRY comes into play.

    Recently both have happened.

  10. #10
    Join Date
    Sep 2002
    Posts
    2,857
    Yeah I read about the latter case, and obviously the norm is #1.

    Bottom line: don't register domains that are tm'ed

  11. #11
    Join Date
    Sep 2002
    Location
    .com.au
    Posts
    11,051
    If you are outside the US, and they are a US company it seems the can only make an "in rem" claim if your looking soley at the US anti-cybersquatting legislation.

    That means suing the domain itelf (as maad posted) since they don't have jurisdiction over you; but since the main database is physically in Virginia they do have jurisdiction over the domain.

    Basically it means no $100k penalty or costs awards from what I understand of it.
    GamesRoom.com, Possum.com, Arithmetic.com on greatdomains auction, low reserves, priced to sell!

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