.Sport Trademark Application Games Continue
One applicant for .sport TLD continues to try to get related trademarks.
I guess trademarks are just like any other sport — a big game.
dotSport LLC, which wants to run a .sport top level domain name, has been aggressive in its hunt for .sport related trademarks.
It just filed another application for registry.sport.
It filed the first one in January 2009 but it’s now abandoned. It filed another one in May 2010. In August 2010 the U.S. Patent and Trademark Office sent a notice that the mark was merely descriptive and classified incorrectly. dotSport had six months to respond.
Instead it appears the firm filed a fresh trademark application for registry.sport on February 23 (serial number 85249217).
While the firm struggles to get registry.sport through the system, it has had more success with life.sport. But this is where things get really interesting.
On its web site, dotSport states:
life.sport is a social network/digital media platform that enables monetization of every .sport domin (sic) name holder’s digitized media assets, merchandise and memorabilia to the benefit of that domain name registrant.
So in order to use life.sport “in commerce”, dotSport would need the .sport TLD, wouldn’t it? Accept the application window for fresh TLDs hasn’t even opened.
When an intent-to-use application is allowed by the USPTO you have six months to show use in commerce. You can ask for up to five extensions on this. Yet as fresh TLD delays mounted, dotSPORT found a clever way to show use in commerce.
For some of the classes of service dotSport filed for on life.sport you don’t need a TLD. But check out the proof of use in commerce submitted by dotSport on February 1 for one class:
Computer services, namely, hosting online web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions. The mark was first used by the applicant, or the applicant’s related firm, licensee, or predecessor in interest at least as early as 04/28/2010, and first used in commerce at least as early as 04/28/2010, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshots from Firm’s website page.
screenshots (pdf)
Interesting. It looks like a forum and social networking tool at lifedotsport.com.
Is this really being used in commerce? If you go to lifedotsport.com you get a password prompt. Don’t enter it and you get “Authorization Required”.
