Now there's a good question.
I don't have time to give Avtar a personal course in trademarks. Then again, I'm not an expert in bird identification. Fortunately, one doesn't need to be an expert in bird identification to get a reliable idea of whether one might be looking at a penguin or a peacock, since they are easy to tell apart. The expertise comes in when it is a more difficult problem. So, if you don't know the difference between, say, a crow and a raven, then stick to penguins and peacocks.
But don't spend your time complaining, "Ravens and crows are both medium sized black birds! How can anyone tell the birds apart! This is madness!"
What I suggested to you earlier, and what you seem resistant to wrapping your head around despite probably hundreds of posts I've written on the subject here at namepros, is that you need to forget what you think you know about trademarks, and come to grips with a basic understanding of what a trademark is. You can click on the link in my signature here and it will lead you to - literally - hundreds of legal cases in which I represented a domain name owner (and the occasional trade mark owner) in a dispute. Many of those were cases in which a common law mark was asserted. So, please, just because a concept is new to you, does not make it either new or the "death of domaining".
But what do I know, right? I'm just a guy who studied this stuff for a long time, and has been exclusively working in intellectual property matters since 1992, and then fairly exclusively in domain/trademark matters since 1998. Feel free to ignore me and believe whatever suits you.
I don't know what "now" is doing in your sentence. Common law trademark rights are certainly enforceable. Again, your basic problem arises from not having ever reflected on what a trademark is. In the US and other common law jurisdictions, a "trademark" does not come about from applying to a government office for a certificate.
A trademark arises from the use of a word/symbol/logo/whatever in commerce on goods or services which provides the function of distinguishing those goods or services from those of others in the relevant market for those goods or services. If you want to, you can then go obtain registration of that trademark, which makes it easier to prove certain elements of a claim if you want to sue someone. In the US, if you sue someone for trademark infringement using a common law mark, you first have to prove that you have a valid trademark, and that the other side knew about it. If you have registered your mark, then the registration serves as presumptive evidence of the validity and ownership of the mark. Registration also provides 'constructive notice' of the mark, as your competitor is deemed to have known about the registration. So, registration provides a lot of advantages.
What registration doesn't do, and never has done, is establish a trademark in the first place. That's been your primary mental block for, gosh, as long as you've been posting nonsense here.
So, let's take your street address example.
There is an interesting building in New York City at 20 West 34th Street. Now, "20 West 34th Street" is of course a street address, and that's pretty much all it is. I'm pretty sure that, so far, you have no idea what is at 20 West 34th Street. Neither did I until a few moments ago.
However, the building at 20 West 34th Street is a very famous building, with a very well-known name, owned by a private company which provides leasing and other services that it advertises using the name of that very famous building. You probably have no idea at all what is at "20 West 34th Street", but I guarantee you have heard of the famous building, the name of which is certainly used as a trademark.
In that example, "20 West 34th Street" is merely a street address, with no particular significance to anyone. It is not used as the name of the building. It is not used in advertising promoting the building, the leasing services, or indeed the tourist attraction which is heavily promoted as the "Empire State Building".
Word Mark EMPIRE STATE BUILDING
Goods and Services IC 036. US 100 101 102. G & S: REAL ESTATE SERVICES, NAMELY THE MANAGEMENT AND LEASING OF REAL ESTATE. FIRST USE: 19310501. FIRST USE IN COMMERCE: 19310501
Registration Number 2413667
Registration Date December 19, 2000
Now, there are a couple of things worth noting. Since you've probably read virtually none of the hundreds of posts I've written here, one important thing to note is that they claim to be the successors of people who have been at it since 1931. One of the things that helps make a trademark distinctive is how long the mark has been predominately associated with a particular source of the goods or services. So, something like "American Airlines" which is American, and an airline, has become distinctive since they too have been at it since the 1930's.
Okay, so, let's take a stroll uptown from the Empire State Building and consider something like 30 Rockefeller Plaza.
30 Rockefeller Plaza doesn't have another name, but is frequently shortened to:
As "30 Rock", it is well known as the headquarters of NBC, and was used as the name of a TV series spinoff from Saturday Night Live. It was a TM for the series title, for sure, and may well be used by the building management as one.
Another example is the building where my former firm is located. I used to work at 1601 Market Street in Philadelphia. It's across the street from an office/condo/shopping complex and tower called "Liberty Place". Now, "Liberty Place" is certainly used by the folks across the street as a mark for their various services, but what about 1601 Market?
Well, okay, spend a minute (since I sure am) taking a look at this website, and tell me what you think:
http://1601-marketstreet.com/
Let that front page load and what do you see? Would you say that "1601 Market Street" is used:
(a) merely as an address to indicate where the building is located, or
(b) as an indicator of the brand of leasing services available?
If you have a hard time choosing between (a) and (b) there, then do yourself a favor and find another hobby. Perhaps birdwatching might suit you better.
And if all this is "TL;DR" for you, then stop asking impulsive questions if you don't want answers.
Since we're talking about specific addresses now. At the risk of sounding like "well they jumped off a cliff so will I".
There's two addresses that got me into address registration.
11BeachSt.com seems to be owned by MediaTemple.net not by developer.
But this wasn't reg recently.
And then there is 60water.com owned by Rode advertising. They also own 325lex.com
Both agencies seem to provide a complete package. Domain hosting webdesign.
Wouldn't these agencies be liable for TM infringement?
As far as my current thread. Can a domainer's defense be that the address exists in other states?
I'm going to mention this.
An
unregistered trademark is a mark that has not been registered at the U.S. Patent and
Trademark Office (or at any of the state
trademark offices). Owners of
unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.
My focus now is on "within the geographic areas in which they operate."
If it can be proven that 123main.com exists in every state in USA is that a defense?
Or is mere act of reaching out un- defendable? C
lts for Rode advertising
==============
There are 141 domains that matched this search query.
These are listed below:
Domain Name Creation Date Registrar
10lennox.com 2018-04-18 GODADDY.COM, LLC
10lenox.com 2018-04-18 GODADDY.COM, LLC
10lenoxcentralpark.com 2018-04-18 GODADDY.COM, LLC
10lenoxcondos.com 2018-04-18 GODADDY.COM, LLC
10lenoxresidences.com 2018-04-18 GODADDY.COM, LLC
222e44.com 2016-04-05 GODADDY.COM, LLC
222e44th.com 2016-04-05 GODADDY.COM, LLC
222east44.com 2016-04-05 GODADDY.COM, LLC
222east44street.com 2016-04-05 GODADDY.COM, LLC
222east44th.com 2016-04-05 GODADDY.COM, LLC
222east44thstreet.com 2016-04-05 GODADDY.COM, LLC
30lincoln.nyc 2014-10-08 GO CHINA DOMAINS INC
325condominiums.com 2014-04-23 GODADDY.COM, LLC
325condos.com 2014-04-23 GODADDY.COM, LLC
325lex.com 2013-10-22 GODADDY.COM, LLC
325lexave.com 2013-10-22 GODADDY.COM, LLC
325lexavecondominiums.com 2014-04-23 GODADDY.COM, LLC
325lexavecondos.com 2014-04-23 GODADDY.COM, LLC
325lexavenue.com 2013-10-22 GODADDY.COM, LLC
325lexcondominiums.com 2014-04-23 GODADDY.COM, LLC
325lexcondos.com 2014-04-23 GODADDY.COM, LLC
325lexingtoncondominiums.com 2014-04-23 GODADDY.COM, LLC
325lexingtoncondos.com 2014-04-23 GODADDY.COM, LLC
325lexnyc.com 2013-10-22 GODADDY.COM, LLC
42hotel.com 2018-02-16 GODADDY.COM, LLC
42hotelbrooklyn.com 2018-02-16 GODADDY.COM, LLC
4tsbryantpark.com 2017-06-09 GODADDY.COM, LLC
50w23rdflatiron.com 2014-07-23 GODADDY.COM, LLC
60waterst.com 2014-06-10 GODADDY.COM, LLC
75kenmare.com 2015-11-24 GODADDY.COM, LLC
apogeebergen.com 2017-01-30 GODADDY.COM, LLC
apogeebuilding.com 2017-01-30 GODADDY.COM, LLC
apogeecliffsidepark.com 2017-01-30 GODADDY.COM, LLC
apogeecoop.com 2017-01-30 GODADDY.COM, LLC
apogeecoopnj.com 2017-01-30 GODADDY.COM, LLC
apogeenewjersey.com 2017-01-30 GODADDY.COM, LLC
avenirjc.com 2016-03-23 GODADDY.COM, LLC
avenirjerseycity.com 2016-03-23 GODADDY.COM, LLC
avenirjournalsquare.com 2016-03-23 GODADDY.COM, LLC
avenirnj.com 2016-03-23 GODADDY.COM, LLC
avenirrentals.com 2016-03-23 GODADDY.COM, LLC
avenirresidences.com 2016-03-23 GODADDY.COM, LLC
bristolplaza.nyc 2014-10-08 GO AUSTRALIA DOMAINS INC
bronxvillemetropolitan.com 2014-04-14 GODADDY.COM, LLC
bryant42.com 2017-06-09 GODADDY.COM, LLC
claridgehouse.nyc 2014-10-08 GODADDY.COM, INC.
continuumwp.com 2016-09-29 GODADDY.COM, LLC
courtneyhouse.nyc 2014-10-08 GO MONTENEGRO DOMAINS, LLC
exhibitrentalsnyc.com 2014-08-12 GODADDY.COM, LLC
exibitdowntown.com 2016-05-09 GODADDY.COM, LLC
galerienyc.com 2017-02-15 GODADDY.COM, LLC
hjkitchenusa.com 2016-03-23 GODADDY.COM, LLC
inflatablearena.com 2017-01-30 GODADDY.COM, LLC
kenmare.nyc 2015-12-09 GODADDY.COM, INC.
kenmarebykravitz.com 2015-12-09 GODADDY.COM, LLC
libertyluxegreen.nyc 2014-10-08 GO CHINA DOMAINS INC
libertyresidences.nyc 2014-10-08 GO CHINA DOMAINS INC
libertyview.nyc 2014-10-08 BLUE RAZOR DOMAINS, INC.
liveatstuart.com 2016-07-12 GODADDY.COM, LLC
liveatstuart.net 2016-07-21 GODADDY.COM, LLC
liveatsummitnyc.com 2016-10-06 GODADDY.COM, LLC
liveindumbo.com 2014-06-10 GODADDY.COM, LLC
lunalic.com 2015-03-23 GODADDY.COM, LLC
metropolitanbronxville.com 2014-04-14 GODADDY.COM, LLC
metropolitanbronxvillelofts.com 2014-04-14 GODADDY.COM, LLC
metropolitanloftsny.com 2014-04-14 GODADDY.COM, LLC
metropolitanwestchester.com 2014-04-16 GODADDY.COM, LLC
milford.nyc 2014-10-08 GO CANADA DOMAINS INC
milfordbatterypark.com 2014-09-22 GODADDY.COM, LLC
milfordmanagement.nyc 2014-10-08 GODADDY.COM, INC.
milfordreferrals.com 2014-03-14 GODADDY.COM, LLC
milfordrental.com 2014-07-21 GODADDY.COM, LLC
milfordrental.nyc 2014-10-08 WILD WEST DOMAINS, INC.
milfordrentals.nyc 2014-10-08 GODADDY.COM, INC.
milstein.nyc 2014-10-08 GODADDY.COM, INC.
milsteinproperties.nyc 2014-10-08 GO FRANCE DOMAINS INC
milsteinrental.com 2015-05-19 GODADDY.COM, LLC
milsteinrentals.com 2015-05-19 GODADDY.COM, LLC
newcenturymiami.com 2018-03-13 GODADDY.COM, LLC
no75kenmare.com 2016-03-22 GODADDY.COM, LLC
nycsummitrentals.com 2016-10-06 GODADDY.COM, LLC
piersnyc.com 2017-06-20 GODADDY.COM, LLC
portimperialus.com 2017-05-09 GODADDY.COM, LLC
portimperialusa.com 2017-05-09 GODADDY.COM, LLC
quaybrooklyn.com 2017-09-15 GODADDY.COM, LLC
quaybrooklynheights.com 2017-09-15 GODADDY.COM, LLC
quaynyc.com 2017-09-15 GODADDY.COM, LLC
quaytowerbrooklyn.com 2017-10-24 GODADDY.COM, LLC
quaytowerbrooklynbridgepark.com 2017-09-15 GODADDY.COM, LLC
quaytowerny.com 2017-10-24 GODADDY.COM, LLC
quaytowernyc.com 2017-10-24 GODADDY.COM, LLC
quaytowerresidences.com 2017-09-15 GODADDY.COM, LLC
rentatsolarinyc.com 2017-09-20 GODADDY.COM, LLC
rentexhibitnyc.com 2014-08-12 GODADDY.COM, LLC
renttheexhibit.com 2014-08-12 GODADDY.COM, LLC
rode.nyc 2014-11-04 NAME.COM, INC.
screamingmemeusa.com 2014-03-20 GODADDY.COM, LLC
seventyfivekenmare.com 2015-11-24 GODADDY.COM, LLC
sixtywater.com 2014-06-10 GODADDY.COM, LLC
sixtywaterst.com 2014-06-10 GODADDY.COM, LLC
sixtywaterstreet.com 2014-06-10 GODADDY.COM, LLC
solarinyc.com 2017-09-20 GODADDY.COM, LLC
stuartcondominium.com 2016-07-11 GODADDY.COM, LLC
stuartcondominium.net 2016-07-21 GODADDY.COM, LLC
stuarthotelboston.com 2016-07-11 GODADDY.COM, LLC
stuartluxurycondos.com 2016-07-12 GODADDY.COM, LLC
stuartluxurycondos.net 2016-07-21 GODADDY.COM, LLC
stuartresidences.com 2016-07-12 GODADDY.COM, LLC
stuartresidences.net 2016-07-21 GODADDY.COM, LLC
summitnyc.com 2003-04-11 GODADDY.COM, LLC
summiton44.com 2016-10-06 GODADDY.COM, LLC
summitrentals.nyc 2016-10-06 GODADDY.COM, INC.
summitrentalsnyc.com 2016-10-06 GODADDY.COM, LLC
tantumre.com 2013-11-05 GODADDY.COM, LLC
tenlennox.com 2018-04-18 GODADDY.COM, LLC
theboulevardmiami.com 2018-03-13 GODADDY.COM, LLC
theexhibitrentals.com 2014-08-12 GODADDY.COM, LLC
thehaydencourtsquare.com 2015-10-23 GODADDY.COM, LLC
thehaydenlic.com 2014-08-22 GODADDY.COM, LLC
thehaydenrentals.com 2015-04-16 GODADDY.COM, LLC
thehighgate.nyc 2014-10-08 WILD WEST DOMAINS, INC.
thekenmare.nyc 2015-12-09 GODADDY.COM, INC.
thekenmarenolita.com 2015-12-09 GODADDY.COM, LLC
thekenmarenyc.com 2015-12-09 GODADDY.COM, LLC
theloftsinwestchester.com 2014-04-16 GODADDY.COM, LLC
themetropolitanbronxvillelofts.com 2014-04-14 GODADDY.COM, LLC
themuse86.com 2017-11-21 GODADDY.COM, LLC
thepearsonlic.com 2013-12-31 GODADDY.COM, LLC
thequaytower.com 2017-09-15 GODADDY.COM, LLC
theresidencesatoceanave.com 2017-04-13 GODADDY.COM, LLC
theresidencesatoceanavenue.com 2017-04-13 GODADDY.COM, LLC
thesummitnyc.com 2016-01-20 GODADDY.COM, LLC
thewestchesterlofts.com 2014-04-16 GODADDY.COM, LLC
thewinstoncondominium.com 2015-01-22 GODADDY.COM, LLC
thewinstonliving.com 2015-01-22 GODADDY.COM, LLC
thewinstonnomad.com 2015-01-22 GODADDY.COM, LLC
thewinstonnyc.com 2015-01-22 GODADDY.COM, LLC
thewinstonnyccondos.com 2015-01-22 GODADDY.COM, LLC
thewinstonon31st.com 2015-01-22 GODADDY.COM, LLC
thirtyfirstwinston.com 2015-01-22 GODADDY.COM, LLC
w23rdflatiron.com 2014-07-23 GODADDY.COM, LLC
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