voogle Trademark vs. voogle.com and myvoogle.com Domains | ID 12851

[compuXP]

April 9, 2006, Trial ID: #12851

VirtualDN user "violentJ" has filed suit against BrandonG, claiming he owns the rights to BrandonG's domains: voogle.com and myvoogle.com and all other voogle-related domains, registered or not.

violentJ owns the trademarks to "voogle", "myvoogle", "voogle.com", "myvoogle.com", and the voogle logo at: http://testserver.yarrt.com/voogle/logo.jpg

BrandonG owns the domains "myvoogle.com" and "voogle.com".

violentJ would like the domains voogle.com and myvoogle.com transferred to him for free, plus 10 vDN$.

The date for this court session is set for April 10, 2006 at 4:30 PM United States Central Time, DST in effect. If clients do not show up, lawyers will attend and trial will be carried out. If it must be rescheduled, PM me or I will set another date.

-Matt

[Tide]

Huh...so is that right about now? or am I off by an hour?

[commes]

I think it is suppose to be now with the DST o well

[Tide]

Hee, oh well indeed. I could use a day or so to get my bearings anyway. I just got done with a nasty term paper.

[Jakey]

Is it tomorrow now?

[TwiztedFake]

What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Do I have to register my trademark?
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

    * constructive notice to the public of the registrant's claim of ownership of the mark;
    * a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
    * the ability to bring an action concerning the mark in federal court;
    * the use of the U.S registration as a basis to obtain registration in foreign countries; and
    * the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

This all comes from the United States Patent and Trademark Office.
URL: http://www.uspto.gov/index.html