Trademark Information?

[xpguy]

I must first apologise if i am posting in the incorrect forum, but ill get straight to the point.

I own a domain name called: windowsos.com, my website offers free support on microsoft products, drivers, news on updates etc all for free and microsoft contacted me saying that i was breaching trademark laws because windows is a registered trademark of ms corporation for example windows98.com, windowsme.com but i am recently to believe that it isn't as i have recently setup a forum and the person posted this:

Don't know why you'd cave to Microsoft - they don't own the term "Windows".

That's not to say they won't act like they do, but if you do a search at the US Patent and Trademark Office (www.uspto.gov) you'll get the scoop.

Most recently, they abandoned an attempt at trademarking "Windows XP" (as of November 22, 2002) (http://tess2.uspto.gov/bin/showfield?f=doc&state=pbhnd8.2.35).

Since the early 90's the courts have said Windows is a common term and can't be trademarked.

But, if you're going to cave, $500 is a joke. - I offered them $500 for the domain name but am i in the right to ask for more money if its not a valid trademark to them.

thankyou for your time.
I look forward to any feedback there might be.

 

[m22bak]

TrademarK

You might want to check out United States District Court
in Los Angeles, Nissan Motor Co., Ltd. v. Nissan Computer Corporation decided November 14, 2002. You will probably lose. Just the fact that you offered to sell it to them is proof in the fact that you are cybersquatting. Do not make any more offers. Tell them it's not for sale.

 

[Michael Wechsler]

Originally posted by xpguy:
I must first apologise if i am posting in the incorrect forum, but ill get straight to the point.

I own a domain name called: windowsos.com, my website offers free support on microsoft products, drivers, news on updates etc all for free and microsoft contacted me saying that i was breaching trademark laws because windows is a registered trademark of ms corporation for example windows98.com, windowsme.com but i am recently to believe that it isn't as i have recently setup a forum and the person posted this:

Don't know why you'd cave to Microsoft - they don't own the term "Windows".

That's not to say they won't act like they do, but if you do a search at the US Patent and Trademark Office (www.uspto.gov) you'll get the scoop.

Most recently, they abandoned an attempt at trademarking "Windows XP" (as of November 22, 2002) (http://tess2.uspto.gov/bin/showfield?f=doc&state=pbhnd8.2.35).

Since the early 90's the courts have said Windows is a common term and can't be trademarked.

But, if you're going to cave, $500 is a joke. - I offered them $500 for the domain name but am i in the right to ask for more money if its not a valid trademark to them.

thankyou for your time.
I look forward to any feedback there might be.

To begin, you should take the time and courtesy to look for the right place to post, especially if you are seeking someone else's time.

Just because Windows is a common term doesn't mean that you will have no problems if you attempt to use "windowsos.com" as a site that will likely confuse people into thinking that it is a microsoft run site. That's a pretty good example that would probably give you real problems and you would very likely lose.

I think you may be misinterpreting the information as if you search the Federal Patent and Trademark office you'll see plenty of other registrations for the term "Windows XP." While you might be able to get more money from them, do be aware of the fact that they could also take you to court and you might have to deal with expenses (more likely going to WIPO arbitration and mediation.)

 

[dirtyw]

or you could just keep selling it from one friend to an other friend all over the world for a dolllar.

I have hear of a couple people doing this to raise the price of the domain and to keep out of the courts. The group of friends have a verbal agreement that what ever the price comes to they will split it.

d_w