Re: [ga] Domain names as observed (was Tucows Response toCochetti Transfer Letter)
This doesn't fit with my understanding. The trademark is not for "Amazon",
it is for "Amazon.com", the ".com" being very much a part of the name being
trademarked (under numerous categories, not just the one cited by Sotiris),
but the ".com" is explicitly excluded as a trademark in isolation of the
"Amazon" (that being clearly stipulated in all DN trademark applications I
have seen). Also, it is not necessary to have a bricks and mortar operation
for a trademark, it can be purely e-commerce. IANAL, but I did talk to the
US Trademark Office in general terms about this a while ago.
on 7/28/01 3:14 AM, L Gallegos at firstname.lastname@example.org wrote:
> Precisely, Sotiris. Amazon.com is the name of the company and
> the source of goods and services. It is not simply an address for a
> website. One cannot trademark a domain name just as a domain
> name. It is the mark before the "." that is the tm. For instance, I
> cannot trademark biztld.net. It is not the name of the company
> and is just one of several addresses used for the .biz registry.
> On 28 Jul 2001, at 2:51, Sotiris Sotiropoulos wrote:
>> L Gallegos wrote:
>>> As for trademarking a domain name, in the US, it can't be unless it
>>> is more than just the address for a website. The domain name
>>> itself, as a domain name, is not trademarkable - at least according
>>> to the USPTO guidelines.
>>> From the USPTO:
>> Word Mark: AMAZON.COM
>> Goods & Services: IC 035. US 100 101 102. G & S: computerized on line
>> search and ordering service featuring the wholesale and retail
>> distribution of books, music, motion pictures, multimedia products and
>> computer software in the form of printed books, audiocassettes,
>> videocassettes, compact disks, floppy disks, CD ROMs, and direct
>> digital transmission. FIRST USE: 19950415. FIRST USE IN COMMERCE:
>> Mark Drawing Code (1) TYPED DRAWING
>> Serial Number: 75277670
>> Filing Date: April 18, 1997
>> Published for Opposition: March 31, 1998
>> Registration Date: June 23, 1998
>> This looks like a TM to me. (Also, not only is it a WORD MARK Tm, but
>> it is of the most coomon TM variety: (1) TYPED DRAWING (1,729,236
>> occurences of this type of TM in the USPTO)
>> Sotiris Sotiropoulos
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