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Q: trademark and domain names ( Answered,   1 Comment )
Question  
Subject: trademark and domain names
Category: Computers > Internet
Asked by: nikenn-ga
List Price: $2.00
Posted: 30 Oct 2002 14:26 PST
Expires: 29 Nov 2002 14:26 PST
Question ID: 93599
Hi
This is email I have just received:

"I see that you own the domain virtualsex.biz and figured you would be
interested in knowing that these people are trying to get a trademark
on the name of your web site.You guys don't know me, but you and I are
on the same side in this situation. You may or may not know that
Digital Playground has applied for registration of the trademark
"Virtual Sex." You may have already heard from their lawyers.
The trademark is currently in the "Published for opposition" status
with the US PTO.In short, unless someone objects, they will likely get
the trademark, and the first thing they will do is take your domain
name away.We are concerned about this as well.I would suggest you
immediately review this with your legal council.It was published on
October 8th. Unless filed within 30 days, your protest will be
useless.
Don't take my word for this...CALL your attorney NOW."
End of email.

Is it possible and what I can do? Is "Virtual sex" generic term and
how is it possible that someone get this trademark? If it is possible,
why  have thay waited until now?
Thanks
Nik
Answer  
Subject: Re: trademark and domain names
Answered By: mwalcoff-ga on 30 Oct 2002 14:44 PST
 
Hello,

Yes, Digital Playground Corp. of Van Nuys, Calif., has applied for a
trademark for "Virtual Sex" for use in videotapes, CDs, DVDs and
software. The application was filed in 2000. The U.S. Patent and
Trademark Office determined the proposed trademark is not "primarily
merely descriptive" of the products.

You have 30 days from Oct. 8 to file a notice of opposition. To do so,
you can call the Trademark and Appeal Board at (703) 308-9300. (1)

To see information about the trademark application, do a search at the
USPTO at (http://tess.uspto.gov/bin/gate.exe?f=searchss&state=3t3j7r.1.1).

I hope this answer meets your needs. If not, please request
clarification.

References

(1) USPTO, "Basic Facts About Trademarks,"
http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm#pub

Search strategy

pending trademark applications
://www.google.com/search?sourceid=navclient&q=pending+trademark+applications
Comments  
Subject: Re: trademark and domain names
From: smartalec-ga on 30 Oct 2002 19:54 PST
 
This story reminds me of an australian comic actor called 'Yahoo
Serious' who was unlucky enough to change his name by deed poll about
10-15 years before Yahoo! was formed.
They tried to sue him, but I don't know the eventual outcome.

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