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Old 28-02-2008, 09:07 PM
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Default Trademark Holder Rights?
Quote:
Originally Posted by blacknight View Post
Well you still haven't mentioned prices ....
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?
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Old 28-02-2008, 09:22 PM
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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
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Old 28-02-2008, 09:31 PM
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Quote:
Originally Posted by googlebomber76 View Post
Are any of those domains worth anything??
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.


Quote:
Originally Posted by googlebomber76 View Post
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...
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
Last edited by decbohan22; 28-02-2008 at 09:35 PM.
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Old 28-02-2008, 09:33 PM
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Didn't a whiskey related domain sell recently via Moniker?

I was thinking of bidding, but got cold feet...
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Old 28-02-2008, 09:39 PM
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TRAFFIC Auction I knew I wasn't imagining things
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Old 28-02-2008, 09:41 PM
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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.
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Old 28-02-2008, 09:42 PM
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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....
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Old 28-02-2008, 10:01 PM
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Quote:
Originally Posted by googlebomber76 View Post
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....
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
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Old 28-02-2008, 10:08 PM
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I'm not so sure about that ...

You can get trademarks for incredibly generic terms

Defending them successfully is the key
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Old 29-02-2008, 01:41 AM
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Quote:
Originally Posted by decbohan22 View Post
No, it's just too generic. You wouldn't get a trademark for such a generic term to start with.


Declan
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.
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