She should tell them to GFY. She does not have to give it up.

Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

"Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

The single-word term itself cannot be trademarked.

I have told "Someone" to go pound sand in their ass.

:1orglaugh tell them to gfy, they dont own internet.

.co is squatter heaven.

Agreed!!

Rad!!!

I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.

Very true. also have to consider use and whether the complainant actually has a trademark or just talking from the rear.

You make some good points there. Let me as you this though. does common law rights matter in regards to geographical locations and also does it prove all three things in a UDRP case (Confusingly similar, Legitimate use, and bad faith) or just one?

From the USPTO:

http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712

"What are ?common law? rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application."

"May" means "may or may not" in this instance.

P

The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. See Commerce Clause. The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127. If a mark is not in use in commerce at the time the application for registration is filed, registration may still be permitted if the applicant establishes, in writing, a good faith intent to use the mark in commerce at a future date. See 15 U.S.C. § 1051. Both at common law and under traditional Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce.

US trademark law "at common law and under traditional Lanham Act"

Manwin.co was registered 1 week after Manwin sent ICMRegistry a letter demanding they prevent the registration of their trademarks under the .xxx tld. Coincidence?

the guy posting is the nalem guy. exactly same writing style.

fuck off idiot. you think we're stupid?

it's amazing some of the stupid schemes you idiots come up with.

you should go work for media revenue or something.

Common law trademarks are recognized throughout much of the world...not in EVERY country but certainly in many of them. Secondly, you're right in that it's only 1 of 3 UDRP criteria, but it was in your title and one of your main points, and was the most irrelevant one.

I see. Cool thanks. I'm no lawyer and I'm no expert but I know a little but I learned even more. Thanks chap.

Also is this guy above talking about writing styles serious. I don't even know what to say to him and his weird conspiracy talk. Seriously if your going to start talks about me being fake i suggest you prove it. I'll wait. You sound more like a manwin bot attempting to disrupt a good convo.sounds about right.

Rad!!!

Seize The Patent!

This is of course just a guess.. but Radishdreams is the "girl". "He"/"She" is also the one emailing me weird emails in a very weird tone saying how strange it is that we did not secure .net and so on...

Just a small hint, we even bought the .com! Its a 6 letter domain, the .com is the only domain that is really important, any other domain bought after we started using the name we will try to get since its a horribly unlikely name to actually want to use for anything. Its a fantasy word after all.

But hey, radishdreams, or whatever your real name actually is, do whatever rocks your boat... One in-house lawyer spending 10 minutes a week on getting this domain really is not a big loss or in any way will cause us bad press or issues or whatnot. It's a nice to have, it's not a must have. We are protecting our trademark.

And as many have finally told you here, "registering" a trademark and actually having one is not the same thing... so that it was registered after you bought manwin.co, really does not matter much.

Ok this is getting major foolish calling me a girl. I suppose anyone can speculate online especially in a forum. Bro i think you have this whole thing figured wrong. Whoever you been talking to was surely not me. I never spoken to the likes of you before since i never had reason to.

But hey, Nathan, or whatever your real name actually is, say whatever rocks your boat as you must think your some important being. I came to bring word and share but ignorant fuckers always have some dumb shit to say and others like you jump on the bandwagon especially if its about your company fucking up.

As many have not told you before, i dont know you and i this convo was meant for discussion but some learning came about for some of us about trademarks. Shit i honestly wish i was in that chicks position as you claim cause i would have taken any thousand a dollar if Manwin offered it to me. IDK who the hell she is but shes either crazy or is really not about money.

RAD!!!

Nathan, you mention " just protecting our trademark" can I ask why you havent bothered registering :

Manwin.info

Manwin.us

Manwin.mobi

Manwin.biz

and about 30 more other extensions ?? if your looking to protect your name?

is the plan just to go after anyone who registers one or do you just like the .co one your trying to obtain?

simply curious hence me asking because it looks to me that your not really trying very hard to protect anything.

just goin after whoever registers one currently. Protecting a mark does not mean you have to register every single domain that uses it.

right, as you see I am clearly very upset over this...

Even bigger companies don't register domain names with all their extensions. Look at Pepsi, who still has some country extensions unregistered.

I would venture to say that it is more about protecting the brand when someone attempts to misuse the trademark as opposed to registering everything with 'Manwin' in it which can get ridiculous and not to mention needlessly expensive.

It took something out of you to reply to the thread. Maybe you should get your sources correct instead of coming online and accusing other people of something because they brought your problem to light. A few people mentioned they spoke with this chick yet nobody spoke on it. I was born with moon sized balls bro and speaking my mind about somehting i researched to be true is not something i am afraid to do.

Why are you offering some chick thousands of dollars when you could use that one offer amount to buy most every Manwin domain in almost every extension. For some reason you don't want to protect anything yet your preaching about trademarks.

Rad!!!

I agree, im also sure you know how difficult and expensive even for a trademark holder it is to use legal means to obtain domains that are used in a different industry and have no connection in any shape or form to the trademark holders business.

if I wanted to protect a trademark or even a nice domain/brand that had value to me the first thing i would do is at least invest what maybe $500 bucks ? in the main extensions to avoid the bigger expenses later in litigation , plus I would look at them as part of the investment in my name/brand/trademark.

Of course this is just how I would do it. :pimp

But they own the NET and ORG which are among the top domain extensions. Manwin didn't even do that so what does that say bro?

Rad!!!

.com is the main extension.

We have it.

Exactly but their somehow interested in the name to be offering 5k. Its just the look of the whole situation is fishy to me. If Manwin does have trademark rights and they feel confident, why the hell would you offer 5k for something you honestly have a right to?

<--clueless about that part of it.

Rad!!

Seriously, this neither took something out of me, nor did I accuse anyone of anything (I guess except for you pretending to be someone you are not), and you clearly did not bring any problem to light. There is no problem...

You are blowing this way out of proportion... you make it sound like its the worst thing ever for us that we do not have certain domains. Its actually rather amusing to read your rants... In a strange way...

BTW, I am not here to teach you trademark law, so I really do not care if you think we are doing something wrong somehow...

Because a UDRP costs money too and takes time... and we really do not give a rats ass about spending $5k to save time...

If it gets much more expensive, it becomes useless though and we have to go other routes.

Ok so this is a guess from what i just researched but.... DOT CO domains are being used as CORPORATION,COMPANY OR COMMUNITY or thats how their selling it anyway. Its also shorter than COM and some people prefer shorter names even by one letter. It could be that CO is a very big typo and you dont want your investors or potential new clients mistyping and getting some chicks blog. CO is getting a name for itself too with Amazon and Overstock using it.

Im just guessing that could be why your interested!!


Rad!!!

I see. Would love to see you go UDRP route. I think that would be a very interesting one. I dont quite understand the dont give a rats ass about spending $5k thing then the "If it gets much more expensive" comment. If your not worried about $5k, whats the worry point for Manwin?

Rad!!!

Much like you, I have my own ways about things. Its more interesting that a managing partner of the company is here trying to stand up for his company. I wouldn't have it any other way but i hate false accusations.:321GFY

Rad!!!

Will you be offering $5k to those who register all the other un-registered ones because you dont give a rats ass over $5k a name ....but...but it seems you dont want to spend $500 registering about 30 of them?

I think that statement shows its not about "protecting your trademark" but simply the .co is a name you would like to own.

Ok im outta this thread , Good luck to all involved and i hope all parties can reach a nice agreement! :pimp

.org and .net are pretty much standard. .co is new, I can't believe that Manwin is offering ANYTHING for it, I would take that $5000 and fucking RUN.

Shit i started this so i goto finish it at all costs.

Bring it on!

Rad!!

I would have taken 4,3 or even 2. Buy something nice!

Rad!!!

A "girl" registers manwin.co and does not accept a $5000 offer. If I had to guess, I would say that someone is deliberately trying to set a precedent.

Well lets see if the page suddenly changes to Manwin within the next couple weeks. then you know she sold it or lost it in a UDRP.

I could be wrong, but I thought one *had* to protect a copyright or else it would be taken away from you?

DamianJ: Trademark, not copyright. And, yes, you have to protect it, but you do not have to preemptively register those domains.