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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 |
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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 |
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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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