We see that you are viewing DomainingSource as a visitor...take a few seconds to join in the community! Register Here (its FREE)


Case Of Trademark Overreach

Discuss legal information such as copyright infringement, trademark issues, and online disputes.

Case Of Trademark Overreach

Postby Mike on Fri Mar 14, 2008 1:12 pm

Thought this was interesting

Perfect example of a bad situation (they do happen) lawsuit against
a company that tried to take away their domain.

It's a classic case of trademark overreach.

here:
http://www.lawsuit.kooks.com/
Vessio Web Hosting and Development
User avatar
Mike
Administrator
Administrator
 
Posts: 219
Joined: Fri Feb 01, 2008 8:57 pm
Location: Houston, Texas
Feedback: 0|0|0 - Submit

Re: Case Of Trademark Overreach

Postby DebacleX on Fri Mar 28, 2008 3:59 pm

This is the thing that kind of made me laugh:

You're not doing anything with the KOOKS.COM domain -- it was just pointed to a parking page, so why not just give it to them?
Over the years, we have developed many of our registered/purchased domains into real businesses. Some of these domains we had for over 10 years before landing on a plan for how to best utilize its name and traffic. We have had plans for Kooks.com from day one, and will eventually develop a website around the domain in the future. The domain is obviously valuable enough for Kooks Custom Headers to attempt to Hijack, but we're not the sort to just give away our valuable property willy-nilly.


Why would you just freely give away a 5L domain that has been around for over 10 years? I mean, really! Even an idiot wouldn't do that!

And I thought this even before reading it:

Kooks Custom Headers has a Trademark for KOOKS. Doesn't that entitle them to your domain?
No, it doesn't. Yes, they have a US Trademark for KOOKS, but only in regards to automotive and motorcycle parts -- namely, exhaust headers and mufflers. Their trademark provides them certain protection in those areas only, much as Hormel's trademark provided them with protection when it came to canned or potted meat, but not an email spam blocking company.


I mean, a TM has to be extremely specific for it to hold up in court, thats like saying you want to trademark a motor vehicle, that on any given point of time on the road, atleast 2 wheels, and up to 18, are on the ground continueously going. I mean, that covers EVERYTHING. But since the other Kooks TM only covers motorvehicles and the what not, Kooks.com is going to stay where it is now :)
User avatar
DebacleX
DomainingSource
DomainingSource
 
Posts: 54
Joined: Fri Mar 28, 2008 3:17 pm
Location: Newport, KY
Feedback: 0|0|0 - Submit


Return to Industry Disputes and Legal Issues

Who is online

Users browsing this forum: No registered users and 0 guests

cron