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Beware the Trademark !


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Beware the Trademark !

Post by Telnic on Wed 31 Dec 2014, 6:28 pm

dialaroom11-24-2010 09:16 AM

Beware the Trademark !
I naively bought dialaflight.tel as a natural progression for dialaroom.tel and dialacab.tel with ideas to develop and link the 3. I should have checked first:

Dialaflight is a trademarked name and therefore cannot be used by me.

I contacted them and asked if I could use it, and would put any links and discalimers they required on it. I was very politely but firmly told not to use it.

However my dilemma is, a .tel cannot exist without a record on it, so I put their telephone number and nothing else on it. I was told even more politely, and firmly to get rid of it. How do I make it disappear?

dottel.net11-24-2010 11:02 AM

a note is also a naptr record and could be added to say - parked or whatever. and the telephone number removed.

dialaroom11-24-2010 12:44 PM

Thanks dottel I'll use that.

maximka11-24-2010 05:45 PM

I heard, trademarks can be issued to the company on some certain goods or services. The company’s trademark may, for example, protect its brand name for boots, but at the same time not to protect that name if it is used, for example, to produce refrigerators.

These words «deal a flight» - are dictionary English words, and I do not think that this company has a monopoly on the expression «deal a flight» and so nobody except of it has a right to use this expression. It would be the same, if somebody would registered as a trademark a word "Milk", and after that begin to threaten all milk producers not to use a word "Milk" in their advertisements. 

Maybe that company registered that brand name for children's toys, or bicycles, or etc.

Of course, it would be the best to consult some lawyer or trade adviser, but I know, it could be expensive. So, maybe for the beginning it would be worth to write to this company another polite letter and to ask them on what products and services it has registered this trademark? Perhaps, they should be not angry on the polite inquiry? 

The world is full of various crooks and charlatans who would like to get for free things which belong to us: so we should not believe every word of the first fellow whom we met on our path.

wibblenut11-24-2010 11:30 PM

There are three registered trademarks for "Dialaflight" in classes 36, 39, and 43 (described in the links provided) in the UK - no idea about other territories, but you can easily find out online.

@dialaroom Honest mistake, but if this affects your plans for using the domain then maybe you should consider offering to hand it over to Dialaroom.com.

maximka11-25-2010 10:02 AM

Is there a difference if trademark is registered for "DIAL-A-FLIGHT" (with dashes), and domain is "DIAL A FLIGHT" - without dashes?

I personally do not like domain names consisting of more than one dictionary word. I think, that at this moment, then single English nouns are still available in free registration, perhaps, it would be better to take them, not three-word-names.

dialaroom11-25-2010 10:48 AM

@wibblenut - Thanks, they do seem to have the name sewn up, pretty well. It won't change my plans for DialaRoom.tel and DialCab.tel. dialaroom.com & .co.uk are both parked with ads, both have been in touch and offered them at prices more like telephone numbers than realistic values. The .tels will have their day, that I'm sure of, so no worries there.

@maximka - I would obviously prefer single nouns if possible but the majority of suitable ones for me have all been parked and are undeveloped.

However, results so far are positive, and I have plans to link them to a couple of my web based sites, but very much appreciate the input.

wibblenut11-25-2010 05:08 PM

@maximka "dial-a-flight" and "dial a flight" would be confusingly similar

rgolds11-25-2010 06:59 PM

To my knowledge of trademark law, companies cannot use trademarked names only when they may be competing for the same customers or are in similar industries. Take Delta for example. There's obviously Delta Airlines, but there are also Delta FaucetsDelta College, and Delta Dental, which are also large, prominent entities.

Delta Airlines is the owner of delta.com. Those other entites have no legal grounds to dispute their ownership of that domain, even though they also have 'Delta' trademarked.

Just FYI - it seems to me that it would be legally permissible to keep, for example, delta.tel, if you own a trademark including 'Delta', even if you're not the owner of delta.com.

wibblenut11-25-2010 07:51 PM

@rgolds - Correct. A famous example would be the dispute between Apple, Inc. V Apple Corps when Apple, Inc. entered the music industry with iTunes.

The links I provided in my previous post include information about which classes of use are protected by the "dialaflight" trademarks (in the UK).

maximka11-26-2010 01:22 AM


Originally Posted by dialaroom (Post 11648)
@maximka - I would obviously prefer single nouns if possible but the majority of suitable ones for me have all been parked and are undeveloped.

I know that problem - some time ago an idea of a TEL-project came to my mind and I was looking for a suitable name, and all of such names were already registered by somebody. But it happened to change for a moment a point of a view, and it appeared that one suitable name was yet free. And I took it. Hope to develop there that project some time later.


Originally Posted by wibblenut (Post 11655)
@rgolds - Correct. A famous example would be the dispute between Apple, Inc. V Apple Corps when Apple, Inc. entered the music industry with iTunes.

Lets imagine for a moment, that I have a name Apple_tel and made there a project about apples (fruits). Do any trademark holder then try to dispute my rights to have that domain?[/size]

wibblenut11-26-2010 02:38 AM

@maximka Theoretically you could, if nobody had registered the mark for similar purposes, if you were very careful, and if you had enough cash to hire lawyers to defend it!

In practice just stay well clear of trademarks.

maximka11-26-2010 03:05 AM


Originally Posted by wibblenut (Post 11658)
Theoretically you could, if nobody had registered the mark for similar purposes...

So, if one day somebody will register a trademark "Apple" for classes of use "harvesting apple-fruits and apple-trees", then he will be able legally to take off me my domain "Apple"?[/size]

wibblenut11-26-2010 03:18 AM

@maximka I see what you mean - I misread your post, sorry. I believe under those circumstances you could dispute the trademark (for prior use), and then presumably go through the UDRP process again to try and win back your domain name. But nothing is black and white, and I'm not an IP lawyer

But anyway, best advice is to do your research and avoid trademarks in the first place.

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