Trademark Holder Rights?

Discussion in 'Domains and domaining' started by googlebomber76, Feb 28, 2008.

  1. googlebomber76

    googlebomber76 New Member

    Are any of those domains worth anything??

    Let's say for example I own irishcelticgifts.ie and some company in washington called enom.com registers irishcelticgifts.com but I have the name trademarked can I force them to hand over the rights to the domain as they have nothing got to do with Ireland and do not sell celtic gifts....

    I tried calling the patents office but they were unsure of my rights in relation to this...

    Can anyone enlighten me?:confused:
     
  2. mneylon

    mneylon Administrator Staff Member

    If you hold a trademark and someone registers a domain which infringes on your intellectual property rights you may be able to get the domain via WIPO
     
  3. decbohan22

    decbohan22 New Member

    I find that Google ignores .ie domains with regards to ranking when a search is done in the US for instance. The search must be very exact for your site to show up.

    Google tends to be very country specific when it comes to domains. For instance BabyGifts.ie shows up No1 only on Google.ie -- but if you type in 'baby gifts' on Google.com then it's only on page five or six. I don't think surfers these days have the patience to go five pages deep in results. They would have clicked on another site by that time.

    If however, you type in 'Baby Gifts Ireland' into Google.com well then BabyGifts.ie will show up as No1 over there in the US.


    Not a chance. It's too generic. If it was TimMurphysCelticGifts.ie then yeah you'd have a case. Like Jameson own IrishWhiskey.ie but haven't a snowballs getting IrishWhiskey.com

    I tried to buy this and the guy wants 10 times what he paid two years ago. I cursed him from a height (in my head) but I know he's right. When some distiller (Paddy, Bushmills etc) decides that they want this to use in an ad campaign or to get ranked higher in Google for the search term 'Irish Whiskey' then they will pay that guy what he wants and I say fair play to him. Jameson, Bushmills, Paddy etc must spend millions each year on advertising if they want it they should pay a decent price.

    I remember the guy got flamed for paying €9000 or something at the time - a bargain at twice the price in my view. He'll get in back in spades.

    Declan
     
  4. mneylon

    mneylon Administrator Staff Member

    Didn't a whiskey related domain sell recently via Moniker?

    I was thinking of bidding, but got cold feet...
     
  5. mneylon

    mneylon Administrator Staff Member

  6. Orinovo

    Orinovo New Member

    To my knowledge, Irish trademark is really only applicable in Ireland, you would need Irish TM upgraded to International Madrid (USA) or an actual US TM to have a chance with WIPO/UDRP for .com, especially if they have fair use. How strong is the trademark claim though?, for example could I decide to register "widgets" and then demand the transfer of widgets.ie with little regard for the incumbent registrant.
     
  7. googlebomber76

    googlebomber76 New Member

    Ok, for example paddys buy irishwhiskey.com are they not then infringing on irishwhiskey.ie (jameson owned)

    They are both Irish Companys, would the rules of the game not change then....:confused:
     
  8. decbohan22

    decbohan22 New Member

    No, it's just too generic. You wouldn't get a trademark for such a generic term to start with.

    It would be like a company wanting to trademark Italian Pizza or French Cheese etc. Giovannis Pizza yeah :)

    Declan
     
  9. mneylon

    mneylon Administrator Staff Member

    I'm not so sure about that ...

    You can get trademarks for incredibly generic terms

    Defending them successfully is the key :)
     
  10. raul

    raul New Member

    Sorry Declan I have to disagree with this ...best example " Virgin" of Branson .( and virgin is sooo generic that even my sister( ? ) can have a go in claiming the domain from him ( I don't really think that he's still...virgin ) but...he's got it trademarked.
    As Blacknight said...you'll be surprised of the stupid trademarks registered.
     
  11. mneylon

    mneylon Administrator Staff Member

    That's a "reverse hijack"

    Unfortunately it does happen ....

    The recent decision regarding myspace.co.uk is an example...
     
  12. decbohan22

    decbohan22 New Member

    Ah, but he'doesn't have the 'word' Virgin trademarked. He has the word the way it's written -- almost as an image -- trademarked. Like the "cola" in Coca Cola.

    The word cola can be used by anyone like Blacknight Cola for instance woud be fine but if the "cola" was white on red and was written exactly like the cola in Coca Cola then they have a trademark violation. Same with Virgin .. you could wn Virgin.com and have a site dedicated to 18 year old virgins or whateer and as long as your not pretaining to be Branson's Virgin or have any similar logos etc then there is little h can do except buy you out :)

    You could open a Virgin Cafe for example or Mc Donalds burger bar no problem - but you stick a big yellow M outside that looks like those famous golden arches and you'l be crying in a few weeks when their legal team has made just a few legal steps that has basically shut you burger bar down and they want some money - maybe millions :)

    Actually there is a great chipper in Galway, called Mc Donalds, just down from The Quays bar which, I kid you not, has the best fish & chips in Ireland. Forget Burdocks and Ramsdens these guys are the real deal .. check them out if ever you walking down Shop street and starving. Their mushy peas are the bees knees ;)

    Declan
     
  13. davkell

    davkell New Member

    It's McDonagh's....but you're right about the chips!
     
  14. decbohan22

    decbohan22 New Member

    No way .. no wonder people keep telling me that they can't find it :)

    I was there twice and both times had consumed too much of the black stuff .. i'm not too good with names of places & I still call that pub on Camden st - Flaherteys but it's called something totally different. It seems whatever I believe it to be first just sticks.

    McDonaghs i'll need to remember that :)
     
  15. Powerboat.ie

    Powerboat.ie New Member

    Hi folks,

    I'm pleased to report that IrishWhiskey.com is safely home in Ireland since 17 March 15.:)

    Kind regards,

    Stuart
     

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