Trademark Law

Amazon recently  achieved trademark registration with the USPTO for "Kindle" in the following categories:

Services IC 009. US 021 023 026 036 038. G & S: Portable electronic device for receiving and reading text and images and sound through wireless Internet access and for displaying electronically published materials, namely, books, journals, newspapers, magazines, multimedia presentations; computer hardware and software in the field of text, image and sound transmission and display

IC  038.  US 100 101 104.  G & S: Transmission of text, images and sound through a portable electronic device

IC 041. US 100 101 107. G & S: Providing information in the field of electronic publishing in all forms, via a global computer information network

Amazon is now seeking to protect its Kindle trademark against the self proclaimed "Kindle News Site" www.kindlereport.com.

» Amazon bullying Kindle Sites? Domain Name News, The Domain Industry News, ICANN News, Registry News, Domainer News, Domain

Amazon seems to not taking too kindly to registrants with domain names that include the word ?kindle? Blogoscoped reports. According to their report, Jason Schramm registered the domain name KindleReport.com some time ago to report on Amazon?s ebook, the Kindle. Jason obviously likes Amazon, as he has an Amazon Affiliates account. But, Amazon?s lawyers have sent Jason a letter more or less saying he should cease and desist from using any domain name including the term ?kindle?. The letter includes: Please note that we do not allow anyone with a URL containing the word ?amazon,? any other trademark of Amazon.com, Inc. or its affiliates, any misspelling of the word ?amazon? and/or numerical variants to participate in the Associate Program ? Such use violates Amazon.com?s trademark, proprietary and other rights. Amazon have said Jason has ten days to transfer the domain name or they will cancel his associates account forthwith.  Read the original posting on Blogoscoped. 

Jason has posted on The Kindle Report that "Amazon Tries to Strong Arm Kindle News Sites." Jason has one Google Adwords box on his site, thus lending to the argument that his site is commercial and, thus, he is not simply reporting or commenting on Kindle news and events.  Commentary is a possible, although weak defense, to cybersquatting. Obviously, Jason does not understand trademark or cybersquatting law or he would not have added a Google Adwords box AFTER receiving the cease and desist letter from Amazon. [updated 7:30pm: I am adding a Google ad to the site in place of the Amazon Kindle banner. And I will continue to update this site with unique content and original news items].

Note the disclaimer on his site at the top, "your eBook and unofficial Amazon Kindle resource (The Kindle Report is not affiliated with Amazon.com)." Most domainers do not realize that these disclaimers have little or no effect under the ACPA or UDRP, if the other elements of bad faith cybersquatting are met. Understanding domain law is critical so that the business model and web site are designed and implemented to AVOID walking directly into the elements of bad faith cyber-squatting. 
Technorati Tags: amazon, kindle, cybersquatting