Trade Mark Infringement

[johno69]

findpoker.com.au
findpool.com.au
finddarts.com.au

http://pericles.ipaustralia.gov.au/atmoss/falcon_details.show_tm_details?p_tm_number=1211190

I'm very surprised that their mark was passed being such a generic term.

I have started development on these, but it's not too far gone to not be able to change the domain.

These guys (from what I can see, not the "find" mark holders) have a billion find domains: http://findabusiness.com.au/index2.htm

Just thought the fact such a generic term was able to be trademarked in a class that seems to cover all things internet was strange.

I also understand owning the trademark is not the only criteria there is to woning a domain, but my worry now is.. If I develope it and build it up somewhat, they could challenge and take it along with my reputation and clients to some degree.

 

[domainlover]

seeing as the trademark registration is only for the word 'find' they would have zero chance of taking your domains off you.

 

[johno69]

But i'd be using their trade marked term in direct competition to what they do.

I'm not sure it's worth the hassle.

But it's not all that easy thinking of an alternate name.

 

[domainlover]

they dont have a registration that covers the word 'find' with every other word attached to it so if i register the name findhotels.com.au for eg they would have buckleys chance of getting it off me

 

[johno69]

But thats like saying we can register googlepeople.com.au and google have no chance in winning that from us.

I know of a few like "Dove" is registered to 2 different companies in 2 classes, but being use within the same class is my worry.

I'm glad to hear you think there's no issue, but i'm not 100% convinced.

 

[domainlover]

the difference is that google is a 'made up' word that has been taken from the word googol whereas 'find' is a generic word

 

[Shaun]

I agree with domainlover

 

[montecristo]

I agree with domainlover too. He's spot on, been in the same position myself with my business.

 

[johno69]

Thanks for the comments guys. May end up running with them.

 

[Jonathan]

Do it - I'm not a lawyer (obviously), but I don't think they have a hope in hell of taking those off you.

 

[Max]

Even if they dont have a hope in hell of taking (winning) your names it would still cost you a lot of money and time to defend
... i would just forget it and get on with something else ...

 

[johno69]

I'm thinking that even though I may have a right to the domains due to a trademark not being the only criteria used etc

The business that I had planned to run on them could be seen as conflicting their business while using their tm name as part of my business.

Ohh it's so not worth it, and frustrating.