Re: [ga] Domain names as observed (was Tucows Response toCochetti Transfer Letter)

[Joanna Lane <jo-uk@rcn.com>]

Leah,

This doesn't fit with my understanding. The trademark is not for "Amazon",
it is for "Amazon.com", the ".com" being very much a part of the name being
trademarked (under numerous categories, not just the one cited by Sotiris),
but the ".com" is explicitly excluded as a trademark in isolation of the
"Amazon" (that being clearly stipulated in all DN trademark applications I
have seen). Also, it is not necessary to have a bricks and mortar operation
for a trademark, it can be purely e-commerce. IANAL, but I did talk to the
US Trademark Office in general terms about this a while ago.

Regards,
Joanna  

on 7/28/01 3:14 AM, L Gallegos at jandl@jandl.com wrote:

> 
> Precisely, Sotiris.  Amazon.com is the name of the company and
> the source of goods and services.  It is not simply an address for a
> website.  One cannot trademark a domain name just as a domain
> name.  It is the mark before the "." that is the tm.  For instance, I
> cannot trademark biztld.net.  It is not the name of the company
> and is just one of several addresses used for the .biz registry.
> 
> Leah
> 
> 
> On 28 Jul 2001, at 2:51, Sotiris Sotiropoulos wrote:
> 
>> L Gallegos wrote:
>> 
>>> As for trademarking a domain name, in the US, it can't be unless it
>>> is more than just the address for a website.  The domain name
>>> itself, as a domain name, is not trademarkable - at least according
>>> to the USPTO guidelines.
>> 
>>> From the USPTO:
>> 
>> Word Mark: AMAZON.COM
>> 
>> Goods & Services: IC 035. US 100 101 102. G & S: computerized on line
>> search and ordering service featuring the wholesale and retail
>> distribution of books, music, motion pictures, multimedia products and
>> computer software in the form of printed books, audiocassettes,
>> videocassettes, compact disks, floppy disks, CD ROMs, and direct
>> digital transmission. FIRST USE: 19950415. FIRST USE IN COMMERCE:
>> 19950415
>> 
>> Mark Drawing Code  (1) TYPED DRAWING
>> 
>> Serial Number: 75277670
>> 
>> Filing Date: April 18, 1997
>> 
>> Published for Opposition: March 31, 1998
>> 
>> Registration Date: June 23, 1998
>> 
>> This looks like a TM to me. (Also, not only is it a WORD MARK Tm, but
>> it is of the most coomon TM variety: (1) TYPED DRAWING (1,729,236
>> occurences of this type of TM in the USPTO)
>> 
>> IANAL,
>> 
>> Sotiris Sotiropoulos
>> 
>> 
>> 
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> 
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