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Help me totally secure a domain, trademark etc for my book

Posted on 2014-12-13
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Last Modified: 2014-12-19
Hi
I just closed my discussion on this issue. Thanks to everyone who helped me, and now I can ask for specific help. I am really grateful, and can sleep better! ;)

I have chosen a new, maybe better name for my book, and don't want it to be hijacked like scribbledlines.com was.
I asked, and my brother and even parents prefer my new name! It is also the name of a Pink Floyd Song. Will it be usable?

At its domain page, tho, it seems semi used, but has a "click here to buy [ the .com domain name ] for your website name in a small strip at the top

Then, right a the bottom it says, alone

An NA MEDIA Service © Copyright 2001-2012
Listed in the marketplace at DomainNameSales.com

Why would they have the domain for sale? Is it? Is this copyright a claim on the website name. It doesn't sell a product or service, have sign-up or Adsense
It only says - below is a cut paste

[ It has these clickable Related Links..]

Aviation Flight Schools

Learning to Fly

Pilot

Helicopter Pilot School

Cessna Flight Training

Pilot Training Courses

Airplane Pilot School

Aviation Schools Online

Helicopter Pilot Training

And then a search field at the bottom and then that copyright line.

[Copyright of what?]
__________




What does this say about the name's use and availability?
How can I check a term's copyright status?

Thanks
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Comment
Question by:beavoid
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22 Comments
 
LVL 58

Expert Comment

by:Gary
ID: 40498061
Depends on the song title - you would need to ask a copyright lawyer
Based on a cursory glance of the song titles it would be hard to claim copyright on the titles.

Companies like DomainNameSales.com are usually charging a premium for the domain name, they are not a registrar like GoDaddy.
They buy what they think are popular domain names, before anyone else has a chance to, for about $10 and then try and sell them for $1000's
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LVL 31

Expert Comment

by:Paul Sauvé
ID: 40498162
Song titles are not subject to copyright, but a song title can be used as a registered trademark!
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LVL 35

Expert Comment

by:Kimputer
ID: 40498185
If this is an investment, better not take any risk, and let a trademark agency check all your concerns. They will have current tips, and ensure your decisions are future proof (including advising you to drop your weaker idea). They research your brand name (conflicts with other brand names), ideas behind, trademark it (if strong enough), and defend it in the future (if you pay for an ongoing subscription).
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Author Comment

by:beavoid
ID: 40498212
Thanks

Would my book need a registered trademark? How do i  see if mine is available?
How much would these cyber-squatters want for someone who wrote a little novel?

I am not fortune 500. I'll be happy if I sell 5 or 10 of them. It is personal publishing.
It isn't Harry Potter. My future doesn't depend on this.


I do want this badly, tho
Should I try for the trademark first?
Thanks
0
 
LVL 58

Expert Comment

by:Gary
ID: 40498228
You don't need a trademark for a book - unless you had something that was brandable, you need copyright
Bascially trademarking is for brands, copyright is for IP
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Author Comment

by:beavoid
ID: 40498248
Thanks

So, I just want to secure my book's title and .com domain.
I don't want some guy to come again and do another hostile takeover of it all.

What is my first action? IP? registered how?
I found a site that will research it all for a fee. Can I do it?
Thanks
0
 
LVL 58

Expert Comment

by:Gary
ID: 40498258
You need to contact a lawyer who specialises in it. All these questions were answered as far as they could be in your other question
We can't give you legal advice.
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Author Comment

by:beavoid
ID: 40498267
This person here charges $60

At JustAnswer . com

I have  been soiled a few times by assuming a web site is legit. Some astonishing scammers out there. Is this a Nigerian "law office" giving advice? or is it legit?

Does this dude look legit? here?

Thanks
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Author Comment

by:beavoid
ID: 40498268
Sorry, he charges $44
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LVL 24

Expert Comment

by:SunBow
ID: 40498339
<click>  "Access denied"
http://www.justanswer.com/insufficient-permission.aspx?rpt=501

Well, I for one do not like that.

Copyright goes to first publisher.
So save a hardcopy 'proof' of what you did when. Get a witness.

> Pink Floyd Song. Will it be usable?

Yes, Go for it. You do not seem interested in trademark at this time. If some question arises later you can likely satisfy by providing free link to their site. Should your site gain unexpected popularity, deal with that as separate issue.

> a registrar

Checking availability in itself is vulnerable to hijack, as where someone just happens to register it seconds before you. Trying to reach site yourself is as good or better, where not found, but still subject to highjack. The less you search for it, the better your result.

> Why would they have the domain for sale?
> [ It has these clickable Related Links..]

That means there was a site with the name that was not continually maintained annually,
you are dealing with squatter/investor, and chance to have visitors reach yours by mistake..

If it is economical, just go on and buy it since you are so fond of it.

Time (yours) is money (researching, waiting).

I not so economical just switch over from .com to .net, or some other. You may even be like some .org's, non-retail. You can try on other country, such as of own heritage or interest.

But buying it can give you more leverage for authenticity of ownership as well as simplifying process. Possibly some linked to it already.

> [Copyright of what?]

Mostly means copyright for webpage content, whether exists or not, whether or not text already copyrighted or uncopyrightable (unoriginal) or not.

Note that bibles (and EE) are having of copyright. Does not mean you can copyright god. Does mean that one can be warned about misrepresenting prior work, or get caught plagiarizing another.

Good luck!
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LVL 24

Expert Comment

by:SunBow
ID: 40498344
BTW, one way to prove your work copied is to deliberately make/introduce error. This can be single misspelling of a word. Alternative (favored) is to invent/concoct own word. Be first to use it, or even known to some as its sole source.
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Author Comment

by:beavoid
ID: 40498365
Hi
I think it said "Access denied" there because that page was reached after a domain search. Sorry.

Godaddy says the domain I want is available. Is searching on Go-Daddy vulnerable to hackers?

The domain I want says
"can be purchased directly from the owner."

I suppose this is the usual cyber-squatting notification
?
It says he has a fixed price...

"GoDaddy does not own this domain name - you will be negotiating the potential sale directly with the domain owner. The price of the domain is set by the owner and any payment will be made to him or her.

It is the domain owner's responsibility to provide all customer support for the exchange.

To indicate your interest in buying this domain name, just click 'Get it' and complete the form."

How much do you suspect this person will want for the domain name?
If I tell them it is for my little, insignificant self-published book, that 8 people might read, might that melt their icy heart? I'm not paying $1,000 or anything ludicrous. I don't want to pay more than their time to transfer it.

Thanks
0
 
LVL 58

Expert Comment

by:Gary
ID: 40498367
Think of a different name, don't pay 100's or 1000's for a domain when you can get a new one for less than $10
0
 
LVL 24

Expert Comment

by:SunBow
ID: 40498602
> Is searching on Go-Daddy vulnerable to hackers?

Yes.

However, it has been going on for so long, some providers have found more ways to prevent/deter. Do not count on ICAAN to do anything, they won't.

Also,  it, and squatting, may have been found less profitable, thus less prevalent.

> How much do you suspect this person will want

No clue. You can try searching for reviews - persons experience, on their blogs, or facebook etc.

Better I think is decide what you are willing to pay. Sounds like you could go for $40-$60 for the vanity of it. Maybe somewhere between what you make an hour, and what you make a day. They may want something near what they think others charge for monthly service, say, 19, 29, 39. It also can be a price  competitive business.

I did survey once, found family name(s) well tied up / 'registered', in more ways than seemed feasible, compared to actual. Some common, some ridiculous.

> melt their icy heart?

Unlikely. But better to ask them than us.

I suggest that you take name of choice and make up derivatives that are similar. add/remove alternate character like hyphen, and words. "the" "a" "and" "Kens" "Garys" "Universal" "Barbies"  "Hip" "frenzy" "ridiculous" "42" "popular".

Then, select those you prefer.
Where suspect, search first for your least favored 100.  Revisit availability.
Then go for your preferred.
If problem persists, decide there are too many .com's anyway, reach for alternate.

er, what ISP have you?  what server? Consider using them to get the IP address and name and accessibility.
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Author Comment

by:beavoid
ID: 40499118
Thanks, I have Time Warner cable modem.

I have thought of a close enough domain name, actually, doubling a letter. I'll print the domain name at the bottom of each 2nd page, next to the page number, so people won't be dumbfounded that I don't own the expected domain name.

I don't want to register the domain at godaddy.com, in case scammers are listening in on queries. Can I register a domain name 100% safely over the phone?
Will someone steal my domain name and copyright it? trademark it?
It sounds like you think this won't be a problem for me?
Should all this protect me?

Thanks
0
 
LVL 24

Expert Comment

by:SunBow
ID: 40499653
Smart - handing name.

I cannot take it much further, like predicting outcome. For that you can try google reviews of prior experience. More serious side, you may need lawyer and that may not help. Needed is oversight staff of internet that provides real protection.

www.expertsexchange.com
OMark This domain is listed at Mark.com
Insurance
Travel
Legal
..etc
www.whitehouse.com
<adult>
www.white-house.com

Domain names are not things like you can protect beyond they must be unique and have but single point of contact.

Think on rest this way:

Trademark is associated with name(s) of product for company - in area of specialty/industry: Exxon, McDonalds, Microsoft Office Suite. The first two are well-known for suing others with same or similar names. McDonalds name was 'purchased' to get the fries from namesake, they sued/won vs person with that name who had been using it longer. First to register. Protects against variants.

Copyright is about uniqueness of thought, primarily literary (also music) - for creator (people). First to produce.

Names themselves are not protected, as seen in titles of movies and books and songs (and some of those have more than one name, and more than one production).

An Apple can be a computer or a record company or a tree or a pie or a fruit or... (cooperation can be beneficial).

> Should all this protect me?

Likely but not certainly. Quick example could be Pink Floyd going volatile, and those having larger funding for bank of lawyers (and judges) anywhere in world (Canada). As long as you remain small, you should be ok. Little guy, obscure. If you grow large enough to have issue with banking and accounting, you can have the name be associated with yours - a.k.a. Process can be as simple as announcing it in newspaper three times (like a want-ad), use it when creating personal (not business - although that can be consideration where growth continues, they are less economical) bank account. Rules would vary by locale, and subject to change. Not good to change name, like to Jesus.
0
 
LVL 24

Expert Comment

by:SunBow
ID: 40499665
>  I have Time Warner

Rather than
www.mydomain.com
it can go
www.rr.com/mydomain

Or something similar. That is less likely to be grabbed by another, more likely to be defended with help. Better I'd say than an aol.com/mydomain
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Author Comment

by:beavoid
ID: 40500593
Well, Game Over

The domain owner wants $21,000 for my domain, so I'm going to register my domain with hyphens or underscores, or a doubled letter, and print it at the bottom of each second page. I'm not even going to test for availability in my browser.

I don't want to register it on line, because hackers might get me again and register it before me?
Is phone the safest way to register, with Godaddy support 800 number?
Thanks
0
 
LVL 58

Accepted Solution

by:
Gary earned 500 total points
ID: 40500637
I don't want to register it on line
Just register online with GoDaddy, you'll have the confirmation a few minutes later
Don't know where all this paranoia is coming from
I've been using GoDaddy for years to register domains.
0
 

Author Comment

by:beavoid
ID: 40500677
Sorry

I am only paranoid because I have been taken a few times by mofo's on line. - Not to mention close calls on dating sites with bloody Nigerian scammers. And a freelanced coding situation that got vicious.

Apologies, you are right. I am being paranoid. I already have 3 or 4 domains with GoDaddy

I'll register it right now.
0
 
LVL 23

Expert Comment

by:Eirman
ID: 40502652
GoDaddy.com is safe.

If you are buying a domain from someone use escrow.com
There are many fake escrow 'services' out there.

Consider making questions like this Private on EE, to stop them being indexed by search engines.
0
 
LVL 24

Expert Comment

by:SunBow
ID: 40509024
:(
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