

Ask HN: If "TUVW" is a registered trademark, can I register "TUVW Online"? - JabavuAdams

Yesterday, I finally came up with a good name for the startup I've been working on. It's an online 3d (not so-) MMO game. Let's call it "TUVW" (not the actual name). I was able to buy the TUVWonline.com domain (ok since TUVW.com is squatted). Yay!<p>Now, there are a few businesses with registered trademarks TUVW. I want to register the trademark "TUVW Online". What concerns me is that one of the other registered trademarks is for a media (not games) company property named TUVW.<p>Is this a show-stopper? I'm in the process of asking a couple of lawyers, but I thought I'd throw the question out to HNers, as well.<p>Thanks!<p>EDIT&#62; I should add that TUVW is a place-holder for a 4 letter English word. It's not an acronym, nor a made-up word.
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terrellm
Trademarks are not limited to just one per word/phrase but instead based on
classes (categories). It's possible for someone to have a TUVW as a software
program and also a TUVW pharmaceutical drug. I've got a similar case with one
of my software programs where there is a similar trademark related to a plant
seed. If there's another trademark in the same class as your product, then
simply adding Online may be a tough sell.

However with today's legal system and intellectual property rights, it's not
always a case of who is right but rather who has deeper pockets. You'd
definitely be advised to talk with an intellectual property lawyer if there is
a possible concern.

Also simply owning a domain name that displays ads or otherwise doesn't have a
full business is not necessarily cybersquatting. "Squatting, or
cybersquatting, is registering, trafficking in, or using a domain name with
bad faith intent to profit from the goodwill of a trademark belonging to
someone else" [1]. If anything you may could be considered a cybersquatter if
you registered TUVWOnline.com and attempted to benefit from TUVW's trademark.
I know that's not your intention because you are asking how to stay legitimate
here on HN but the mislabeling of cybersquatting is a pet peeve.

[1]<http://en.wikipedia.org/wiki/Cybersquatting>

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JabavuAdams
Ah, thanks for the clarification on "squatting". I was (incorrectly) using it
as a shorthand. I don't consider what the owner of TUVW.com is doing to be
wrong in any way.

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rubinelli
Wouldn't the safest path be contacting the company to see if they are ok with
it? They probably are, since it's a common word and they didn't go after the
owner of TUVW.com. In the worst case scenario you will have to choose another
name. Better now than later.

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JabavuAdams
The problem is that in situations like this the default answer is "No". So,
now you've forced them to say no, and you've tipped your hand.

A useful general principle is that you don't want to force people into a
situation where they have to say "no", if something is debatable or
negotiable. Once battle-lines are drawn, it's harder for anyone to back down.

I've spent years war-gaming, but I didn't really _get_ this until I had a
toddler.

