Can a Trademark Search Service save You When it Comes to Domain Names?

Trademark Search and domain search information about the most recent case that effected this market and law.

(PRWEB) May 25, 2005 -- Before purchasing any domain name you should always consider a trademark search with a reputable service like http://www.Trademark-Search-service.com. They offer some of the most accurate and affordable searches online.

You might not be as lucky as one small used online vendor.

The latest domain dispute has been resolved in US Court of Appeals for the Seventh Circuit has vacated a lower court's decision that the domain name bargainbeanies.com diluted Ty Inc.'s BEANIE BABIES mark.

Since 1993, Ty Inc. has produced more than 365 different Beanie Babies with colorful names such as Punxsutawney Phil (current) and other Ty Classics like Beanie Boppers and Punkies.

Then along came the Internet in the late 1990s and Ruth Perryman, who sold second-hand bean bag stuffed animals-primarily Ty Inc's Beanie Babies-over the Internet, having registered the domain name and creating a site www.bargainbeanies.com.

In this case, the real contention made by Ty Inc. was that Perryman either used their trade name or trade mark for blurring, tarnishing, and taking a free ride on the trademark owner's investment under the trademark dilution law.

In a small twist of irony, Perryman utilized the very trademark laws that protect the trademark for Ty Inc. to her advantage, having the court rule in her favor by stating that she is allowed to sell the product in the same fashion as a used car dealer does by truthfully advertising that it sold Toyotas, and in this case she is allowed to use their trademark word in advertising and as a part of her business name in this manner.

It was Ty Inc's goal in bringing this suit was to extend anti-dilution law to forbid commercial uses that increase brand names to generic names.

Ty Inc. is headquarted at Westmont, IL. and their chairman H. Ty Warner heads the 500-employee company where Mattel and Hasbro have been their biggest competition, leaving the company struggling to post any impressive numbers as they scramble to turn litigation into revenue stream.

Next on Ty's list of lawsuits involved the small Castle Rock Colorado-based company, Medias & Company, owned and created by Charlee King & Alan Lovejoy in 1996. The company is the publisher of the bean bag toy and story sets, called ZOOOO Babies. ZOOOO Babies are fairly large bean bag toys, which comes with an informational storybook based upon that certain bean bag toy character, which were manufactured by Yoon AHN. The ZOOOO Babies and storybooks retail at $19.95.

# # #