Oversee.net trademark for travel web site denied.
Oversee.net has failed to get a trademark for its LowFares.com brand.
LowFares.com is a travel comparison site and part of the company’s network of vertical web sites.
A key issue for Oversee.net was that another company already has a trademark for LowestFare.com.
Oversee.net tried to argue that the services it offers on LowFares.com are distinct from those on LowestFare.com. LowFares.com compares travel prices but sends you to other sites to do the actual booking; LowestFare.com lets you book directly.
Oversee.net has trademarks for Compare.com and IdentityTheft.com, but they are design marks.
(Hat Tip: Ramiro @ NameLitigation.com)
Their argument was weak; what matters is the proximity of the mark applied to, with an existing mark – especially if it’s in the same class.
Neither company should have these trademarks.
I agree a lot of TM terms are way way too generic.
Speaking of Compare.com, I have a 800 number, and when the 1000 people that call it monthly call it, they hear a message for comparemyisp.com, and one lady was mad, and said something about “I don’t want to go online to compare.com to do a survey!”. She wanted to call 800COMCAST, and got my number instead.