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First of all Anybody else's iPage account down? Thanks in advance for any response. My other question... Ok, if somebody has a .com iPage site that is something zone..like partyzone, or talkzone, can I get the .net or do I risk trademark issues?.

For example:.

Lets say somebody owns:.

PokerZone.com.

And I want to get:.

PokerZone.net.

Is this a copyright/trademark problem?.

I feel that the term "zone" is generic enough that it should avoid trademark issues..

Thanks in advance!..

Comments (2)

I would like to know the answer too. Anyone here know what is the right answer to your question. I'll do some research and get back to you if I discover an good answer. You should email the people at iPage as they probably can answer it..

Comment #1

As far as I am aware the trademark is for the name and not really the extension, so it could still be classed as an infingement depending on what you choose to do with it..

It does seem possible for more than one person to be granted a trademark for the same name as long as it is for a totally different use (see below)..

Trademarks can be hard to get your head around and there does seem to be alot of confusion about them..

An example would be the word Inca - Some Live examples are below.

Word Mark INCA.

Goods and Services IC 025. US 022 039. G & S: Belts ; Caps ; Cleats for attachment to sports shoes; Clothing, namely, wrap-arounds; Footwear not for sports; Hoods ; Infant and toddler one piece clothing; Jerseys ; Leather belts ; Mufflers ; Shifts ; Short sets ; Shoulder wraps ; Sport coats; Sport shirts; Sports bra; Sports jackets; Sports jerseys and breeches for sports; Sports overuniforms; Sports shirts; Sports shirts with short sleeves; Ties ; Tops ; Wraps. FIRST USE: 20000305. FIRST USE IN COMMERCE: 20000305.

............................................

Word Mark INCA.

Goods and Services IC 029. US 046. G & S: shortening and edible oils.

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Word Mark INCA.

Goods and Services IC 009. US 021 023 026 036 038. G & S: communications software for wireless mobile devices. FIRST USE: 20060100. FIRST USE IN COMMERCE: 20060100.

.............................................

Word Mark INCA.

Goods and Services IC 009. US 021 023 026 036 038. G & S: Electronic components; namely integrated circuits for digital telephones. FIRST USE: 20010228. FIRST USE IN COMMERCE: 20010228.

..............................................

Word Mark INCA.

Goods and Services IC 009. US 021 023 026 036 038. G & S: SOUND RECORDING CARRIERS, NAMELY, DISCS, COMPACT DISKS, LASER DISKS, AUDIO CASSETTES, DIGITAL VERSATILE DISKS, NUMERICAL DISKS, AND MINI-DISKS; PRE-RECORDED FILMS, DISKS, COMPACT DISKS, LASER DISKS, AUDIO CASSETTES, DIGITAL VERSATILE DISKS, NUMERICAL DISKS, MINI-DISKS, ALL FEATURING POPULAR MUSIC EXCLUDING ANDEAN MUSIC AND DANCE.

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................Plus quiet a few more...There are also variations like Inca Gold - Inca Inox - Inca Mama - Inca Inchi and more..

This is not a legal statement - just an observation.

..

I don't think it is as clear cut as that - I would'nt try it with something as obvious as that. There is probably a big difference from using a generic word that is Trademarked compared to using someones Brand that is Trademarked..

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Comment #2

WARNING !!.

Please don't take it as a Legal Statement - cos it's NOT.

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Comment #3


This question was taken from a support group/message board and re-posted here so others can learn from it.