Domain flipping : Possible trademark violation?? Need warrior suggestion

by Aravind Murthy

Posted: 13 years ago 11 replies

INTERNET MARKETING

Hi All,

I just registered a domain blacksmith.in.

Wikipedia (Blacksmith - Wikipedia, the free encyclopedia) says :

"A blacksmith is a person who creates objects from iron or steel by forging the metal; i.e., by using tools to hammer, bend, and cut. Blacksmiths produce things like wrought iron gates, grills, railings, light fixtures, furniture, sculpture, tools, agricultural implements, decorative and religious items, cooking utensils, horseshoes and weapons."

After booking the domain, I came across this:
BLACKSMITH - Trademark by Forgeron Cellars, LLC Walla Walla, WA - Serial Number: 77824595

Seems like blacksmith has been trademarked

Am I in a risk of trademark violation if I try to flip the domain?

Or can I defend myself as this is a profession (a dictionary word) and I still go ahead flipping it?

Regards,
Aravind

#domain #flipping #suggestion #trademark #violation #warrior

txconx

13 years ago

It's very generic - I wouldn't worry about it. TMs only apply in a specific industry and "blacksmith" can be any number of things totally unrelated to the TM item.

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Aravind Murthy

13 years ago

Originally Posted by txconx

It's very generic - I wouldn't worry about it. TMs only apply in a specific industry and "blacksmith" can be any number of things totally unrelated to the TM item.

Thanks for the reply.
I checked Blacksmith.com and it is a software solutions website.

Thanks
1 reply

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VegasGreg 13 years ago

Just owning the domain name shouldn't pose a problem.

How you use it on the otherhand could.

If you are using it in the generic dictionary term way or if you are mimicking the trademarked company.

I am not a lawyer, this is not legal advice, and I didn't sleep at a motel 6 last night.
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suemax

13 years ago

Originally Posted by txconx

It's very generic - I wouldn't worry about it. TMs only apply in a specific industry and "blacksmith" can be any number of things totally unrelated to the TM item.

What about Apple?

Thanks
2 replies

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CDarklock 13 years ago

Originally Posted by suemax

What about Apple?

Do you mean Apple Computer or Apple Records?

That question should actually answer yours.
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txconx 13 years ago

Originally Posted by suemax

What about Apple?

Oh, I think you can figure this one out all on your own.
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Miles Kral 13 years ago

I'm not an attorney but I don't think you have to worry about a general word like that. If that was the case all blacksmiths out there would owe a royalty to the owner of the trademark, or have to call themselves something else. That will never happen.

Miles
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seasoned 13 years ago

Technically, it is illegal to have such a trademark. HECK, when I was a kid, people MISSPELLED words, etc... to have a VALID trademark.

STILL, trademarks WILL stand up in court if they deal with the same industry or the domain names were obviously registered in bad faith. Technically, it isn't legal for YOU to have it either because it IS a registered trademark, and you are NOT using it for any reasonable purpose. The UDRP SPECIFICALLY lists purchase for flipping as bad faith. Check the UDRP! Blacksmith COULD haul you into court, win, and get the domain!

So if you DO sell it, try not to inform the trademark holders and try to make sure it is for a VALID purpose, like a family or organization named blacksmith, or for an iron worker or horseshoer. If it ends up bought by a software firm, there can be problems.

IANAL, but I believe this to be good advice.

Steve
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- Bill Farnham 13 years ago
  
  The Trademark in question is in the alcoholic beverage market, excluding beer.
  
  Perhaps you can note on your sales info that the website cannot be used in the alcoholic niche if anyone buys it.
  
  That blacksmith.com website would also be a clue to perhaps staying away from the software niche for anyone ending up with the domain.
  
  That's not legal advice, btw.
  
  ~Bill
  
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Mike McAleer 13 years ago

[DELETED]

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- Bill Farnham 13 years ago
  
  Originally Posted by FreshDomains
  
  That is very difficult. I mean some companies really do not care but it is sad that companies can get trademarks for generic terms.
  
  Let's cut to the chase here...Trademarks are in place to help companies with specific products to be able to protect their chosen product name in that marketplace.
  
  "Blacksmith" was registered as the name of a wine in regards to the Trademark mentioned.
  
  Period.
  
  Unless you want to call your wine "Blacksmith" this is a non-issue.
  
  I'm aware you posted in this thread so you could get a little website selling exposure, but making comments like the above quoted doesn't exactly help your case.
  
  ~Bill
  
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liquidice04 13 years ago

my domain got removed because it contained the word 'Stumble' , why don't we ban words like "go" "buy" "eat" "I" ... !
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