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Username: spot
Date/Time: Sun, December 2, 2001 at 9:35 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: ...but the domain is not the trade mark. They can't use TM laws against a domain (or can they?)

Message:
 

 
I know that they must not use their trade mark in a different class, but is it not possible that they could use their trade mark to get the domain. Then having got the domain, abandon usage of the trade mark completely, and use the domain for something else.

What I'm saying, I guess, is that it seems to me the TM is just a means to get the domain, which is an entirely separate entity. Once they own the domain, could they not choose to sell it (after it has been unlocked by the registry) or even use it for any purpose they like as long as they don't use the trade mark.

So sock company can register computer.info with its TM. Then they abandon all references to computer TM. At this point they have an asset: computer.info. Presumably they can sell it to Apple, or even choose to sell computers themselves (as long as they didn't have their COMPUTER TM anywhere on the site). E.g. Sock company could set up a bogus/ subdivision called 'LEG computers' and then give the rights to the domain to them.

The crux of what I am saying is it seems to me that once you have that domain, you can do what you like with it, as long as you don't mention your different class TM. If you put the TM anywhere on the site, you could get in trouble for stepping over into a different class, but there is nothing stopping a conglomorate going into a new business area for which it has TMs (albeit in an unrelated class). As long as it doesn't advertise its TMs in its new venture it is not breaking a law. 
     

 


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