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Trademarks and Copyright Question Plz..

by Roseate
11 replies
Hello,

I see at Fiverr.com site that they mention:

© Fiverr International Limited 2010 - 2012
FIVERR®, GIG®, GIGS®, I WILL __ for $5™, The Things People Do For $5™, DamnQuickPay™, Fiverr graphics, logos, scripts, terms of use, instructions, designs and other service names are the trademarks and copyright of Fiverr International Limited
Would like to understand the exact meaning of © , ® , and ™ ... as I know © is copyright and means no one can use that name for any new business... but here I see that new sites opened after Fiverr and they all use the words "GIG" , "GIGS" ,and "I WILL __ for $5"... I also see one that used "GIG" in the domain name (ie: site name too).

My concern here is because I recently registered a new domain name for a micro job site (like fiverr site), and in the domain name there is the word "GIGS"... So I need to know if that might cause me any legal problem?

Thanks,
#copyright #plz #question #trademarks
  • Profile picture of the author enterscope
    The Copyright symbol is for any original published or unpublished works like literature, graphics, videos, etc. The Trademark symbol is for words, symbols, devices or names that are used to distinguish the goods of one manufacturer or seller from that of another.

    You can attach the © Copyright symbol to any of your original work as well as the ™ to your Marks, but that does not protect you from another business stealing your work. You would still have to prove in court that you used the copyright/trademark first.

    With a registered trademark, ® you are the guaranteed owner of that mark/copyright and protected under law.

    So with Fiverr, they obviously legally registered those Marks for their business:

    Here is a link to their Trademark page:

    http://tess2.uspto.gov/bin/showfield...010:v54k84.2.6


    So even though Gig is a common word, Fiverr still has the right to sue you if you are using their Mark in a way that might confuse consumers with their brand.
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  • Profile picture of the author Juan Jose
    I don't think you get any legal trouble, as the word "gig" is very old and every one has used it before (even on Craiglist you can find a "Gigs" section).
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    • Profile picture of the author davezan
      Originally Posted by juan2machado View Post

      I don't think you get any legal trouble, as the word "gig" is very old and every one has used it before (even on Craiglist you can find a "Gigs" section).
      So is "shell", yet it's being used as a trademark for petroleum products for 100
      years and counting.

      Originally Posted by sbucciarel View Post

      Fiverr does actually have a live trademark for Gig and Gigs. Didn't think that would be possible. Thought it was a common term, but I just checked and they do.
      Sure it is possible. Recall that any word or phrase, even a common one, can
      become a trademark if it's used distinctively rather than descriptively or what
      it is commonly known for.

      Before anyone possibly gets worked up with this, though, a trademark is used
      only for a specific class or so. It doesn't grant some absolute magical claim to
      any and all other uses necessarily except if it's really famous or unique.
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      David

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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by davezan View Post

        Before anyone possibly gets worked up with this, though, a trademark is used
        only for a specific class or so. It doesn't grant some absolute magical claim to
        any and all other uses necessarily except if it's really famous or unique.
        That is true, but the OP's use would fall directly into the same category as Fiverr, being the same type of business, so his using it would not be advisable.
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        • Profile picture of the author davezan
          Originally Posted by sbucciarel View Post

          That is true, but the OP's use would fall directly into the same category as Fiverr, being the same type of business, so his using it would not be advisable.
          Yup. Undoubtedly some people are going to find this hard to believe, but that's
          why some folks share these tidbits to know how to (hopefully) avoid trouble.
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          David

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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by Roseate View Post

    Hello,

    I see at Fiverr.com site that they mention:

    Would like to understand the exact meaning of © , ® , and ™ ... as I know © is copyright and means no one can use that name for any new business... but here I see that new sites opened after Fiverr and they all use the words "GIG" , "GIGS" ,and "I WILL __ for $5"... I also see one that used "GIG" in the domain name (ie: site name too).

    My concern here is because I recently registered a new domain name for a micro job site (like fiverr site), and in the domain name there is the word "GIGS"... So I need to know if that might cause me any legal problem?

    Thanks,
    © = copyright. Refers to the copy, design, graphics of the site or the words in a book or magazine, etc.

    ® = means federally registered trademark

    ™ = trademark. Means you can't use their trademark (name) without permission under most circumstances.

    © is copyright and means no one can use that name for any new business
    That is not what copyright means. Copyright does not refer to the name. The name is a trademark.

    Fiverr does actually have a live trademark for Gig and Gigs. Didn't think that would be possible. Thought it was a common term, but I just checked and they do.
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    • Profile picture of the author kindsvater
      Originally Posted by sbucciarel View Post

      Fiverr does actually have a live trademark for Gig and Gigs. Didn't think that would be possible.
      Just because one has a registered trademark does not mean one has an enforceable trademark

      .
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      • Profile picture of the author Roseate
        Thanks for your replies...

        So as "gig" and "gigs" are trademark for Fiverr,, means I don't have the right of using it in a domain name? ...

        What is confusing me is that, all other micro job sites that started after Fiverr are using the word "gig" as Fiverr do, so I guess no prob in that? ... but also I see the site gigbucks.com , so here it's used in the domain name too? or are they related to Fiverr?
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      • Profile picture of the author davezan
        Originally Posted by kindsvater View Post

        Just because one has a registered trademark does not mean one has an enforceable trademark

        .
        Interestingly, Fiverr's GIG and GIGS marks aren't approved at USPTO yet. Makes
        me wonder why they're displaying the ® thing unless it's registered elsewhere.
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        David

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  • Profile picture of the author JabMonkey
    This from a law professor:

    "The company has them protected as registered trademarks, which means that you cannot use anything confusingly similar. They don't own the word "gig" and you certainly can use "gig" in your own trademark or name. But you can't choose something that is likely to confuse customers, and the closer you get the more likely you'll have grief from lawyers and courts. My advice is to choose something that your customers and theirs will clearly perceive as very, obviously different."
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    • Profile picture of the author Walter Parrish
      Originally Posted by JabMonkey View Post

      This from a law professor:

      "The company has them protected as registered trademarks, which means that you cannot use anything confusingly similar. They don't own the word "gig" and you certainly can use "gig" in your own trademark or name. But you can't choose something that is likely to confuse customers, and the closer you get the more likely you'll have grief from lawyers and courts. My advice is to choose something that your customers and theirs will clearly perceive as very, obviously different."
      lol
      your law professor is wrong.
      you can use it if you had it first.

      trademarks and all are tricky, because their based on use and your ability to protect them. say you get the name i don't know Store and say someone comes along and starts using it. its your job to be on the watch for anyone using Store if not and people get used to the other guy using Store then most likely they will win in Court even though you had the name first.
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