Companies getting more savvy to TM infringers, guided by industry peers and battle hardened IP counsel. Not all cases are as clear cut as this one Download wpp-polaris.pdf .. I expect some legal pushback as the first registrant's located in juridictions where ACPA doesn't apply, start to fight back using a twist of arguments found in old cases such as webber grills (although that criteria was different) and draw on the inequity of search engine monetization of those same TM's via Google/Yahoo paid-search.
For years domain registrants have been preaching about the value and worth of domain names. In a classic example of: "be careful what you wish for.. you may get what you want", companies around the world are starting to recognize that value .. and are moving to secure the rights to obvious infringements of their brands/marks first.
I think they're holding back until the real owner is revealed, and then they'll pull out the big guns for the plural :)
They might have a chip on their shoulder because they don't own polaris.com
Posted by: Drewbert | September 21, 2007 at 01:52 PM
Hi,
Tell me its not so...
Another high profile...TM and domain article...with the promise of weeks and months of nasty litigation etc..
Do I 'smell' millions and millions of dollars to the person that solves 70%-80% of this whole puzzle?...almost overnight.
BTW: about a week or so ago...was not MS back on the TM domain litigation...I am going to crush everyone highway?
LOL
Peace!
Dan
Posted by: Dano | September 22, 2007 at 10:12 AM
You might be interested to know (if you didn't already) that insurance.com is a registered trademark (it's on their front page :-) )
I wonder if this means that anyone trying for typos of this generic word is now history? Ditto, should they get around to trademarking it, the owners of digitalcameras.com or any other generic .com word.
Posted by: Richard | September 23, 2007 at 04:53 PM
Richard, you've got a good eye for noticing the "TM" (or is it an "SM" ... it's so small) on the insurance.com page. "TM" or "SM" doesn't mean that a mark is necessarily registered. Note that they did not put the circle R symbol, which would have indicated a true, registered mark. Interestingly, someone actually had insurance.com officially registered a while ago (can't see HOW that made it through the system since it is so generic), but the Trademark Office now shows that mark as being abandoned.
Posted by: Amateur Domainer | September 23, 2007 at 08:47 PM