U.S. patent application number 13/310557 was filed with the patent office on 2012-06-07 for system to inform about trademarks similar to provided input.
This patent application is currently assigned to SKY CASTLE GLOBAL LIMITED. Invention is credited to Michael E. St. John, JR., Edwin Tan.
Application Number | 20120144499 13/310557 |
Document ID | / |
Family ID | 46163560 |
Filed Date | 2012-06-07 |
United States Patent
Application |
20120144499 |
Kind Code |
A1 |
Tan; Edwin ; et al. |
June 7, 2012 |
SYSTEM TO INFORM ABOUT TRADEMARKS SIMILAR TO PROVIDED INPUT
Abstract
Various embodiments of the present invention generally relate to
trademark searching and notification systems. More specifically,
various embodiments of the present invention relate to systems and
methods for informing requesters about trademarks similar to a
provided input. Some embodiments of the present invention provide
for a proactive system in which users are notified of similar
trademarks before using specific term(s) and users proceed after
understanding which trademarks actually exist and what areas those
trademarks actually entail, and possibly being notified of newly
applied trademarks and modified trademarks at later times that are
similar to the specific term(s) being used.
Inventors: |
Tan; Edwin; (Beaverton,
OR) ; St. John, JR.; Michael E.; (Milford,
PA) |
Assignee: |
SKY CASTLE GLOBAL LIMITED
Tortola
VG
|
Family ID: |
46163560 |
Appl. No.: |
13/310557 |
Filed: |
December 2, 2011 |
Related U.S. Patent Documents
|
|
|
|
|
|
Application
Number |
Filing Date |
Patent Number |
|
|
61419128 |
Dec 2, 2010 |
|
|
|
Current U.S.
Class: |
726/26 ; 707/728;
707/771; 707/E17.061 |
Current CPC
Class: |
G06F 21/105 20130101;
G06Q 10/00 20130101; G06F 16/48 20190101; G06F 21/6272 20130101;
H04L 9/36 20130101; G06F 16/24 20190101; G06Q 50/184 20130101; G06F
40/205 20200101 |
Class at
Publication: |
726/26 ; 707/728;
707/771; 707/E17.061 |
International
Class: |
G06F 21/00 20060101
G06F021/00; G06F 17/30 20060101 G06F017/30 |
Claims
1. A method comprising: receiving, from a requester, a request to
perform a trademark search for a provided input; searching a
database for trademarks related to the provided input; determining
a relevance score for each trademark returned from the database
search; and generating a notification based at least in part on the
relevance score.
2. The method of claim 1, further comprising parsing the provided
input into phrases for searching the database.
3. The method of claim 1, further comprising identifying potential
classes for the provided input based on a natural language
analysis, a phonetic analysis, and a contextual analysis.
4. The method of claim 3, wherein determining the relevance score
includes a comparison of the potential classes with classes
assigned to the trademarks.
5. The method of claim 1, wherein determining the relevance score
for each trademark includes determining if each trademark is live
or pending, involvement of the trademark owner, and litigation
history.
6. The method of claim 1, wherein the requester is a service
provider that automatically generates the request upon a request to
register the provided input.
7. The method of claim 1, wherein the provided input is a domain
name, an e-mail address, instant messaging user name, or an
advertisement.
8. The method of claim 1, further comprising updating the search on
a periodic schedule.
9. A system comprising: a communications module to receive a
request to perform a trademark search for a provided input; a
parsing module configured to parse the provided input into phrases
for searching; a searching module to receive the phrases from the
parsing module and search a database for trademarks related to the
phrases; and a notification module configured to receive the
trademarks related to the phrases and generate a notification.
10. The system of claim 9, further comprising a graphical user
interface module configured to generate one or more user interface
screens configured to display the notification to a recipient and
receive a verification from the user that the user has reviewed the
notification.
11. The system of claim 9, wherein the searching module searches
the databases for exact matches, phonetic matches, and natural
language matches.
12. The system of claim 9, further comprising a verification module
to create and store a unique identifier for each search.
13. The system of claim 12, wherein the unique identifier includes
a timestamp, a search identification, a user identification, or a
search type.
14. The system of claim 9, further comprising a submission module
to receive submissions from trademark owners with information
regarding one or more trademarks.
15. The system of claim 9, wherein the notification module
determines a relevance of the trademarks related to the phrases
before generating the notification, wherein the relevance of the
trademark is based on a status, a filing date, a first use date, a
registration date, keyword matches between the description of the
trademark and the context of use of the keyword within the provided
input, a trademark jurisdiction, or an involvement of the trademark
owner.
16. A method comprising: receiving a request to register an
identification string with a service provider; requesting a
trademark analysis of the identification string to identify one or
more trademarks related to the identification string; and
determining, based on the one or more trademarks returned from the
trademark analysis, whether to permit registration of the
identification string.
17. The method of claim 16, further comprising notifying a
recipient of the one or more trademarks related to the
identification string,
18. The method of claim 17, wherein the recipient includes an owner
of at least one of the one or more trademarks.
19. The method of claim 17, wherein the recipient includes a user
who sent the request to register the identification string and the
method further comprising: sending a verifiable notification to the
user; receiving confirmation of that the user has reviewed the
verifiable notification; and determining, based on the one or more
trademarks returned from the trademark analysis and the
confirmation, whether to permit registration of the identification
string.
20. The method of claim 19, wherein the verifiable notification
includes an indemnity agreement.
21. The method of claim 17, wherein the notification includes a
degree of relevance, status, classes, serial number, image,
description, jurisdiction, ownership data, or litigation history
for each of the one or more trademarks.
Description
CROSS-REFERENCE TO RELATED APPLICATIONS
[0001] This application claims the benefit of U.S. Provisional
Application No. 61/419,128 filed on Dec. 2, 2010 entitled "System
to Inform about Trademarks Similar to Provided Input" which is
hereby incorporated by reference for all purposes in its
entirety.
TECHNICAL FIELD
[0002] Various embodiments of the present invention generally
relate to trademark searching and notification systems. More
specifically, various embodiments of the present invention relate
to systems and methods for informing requesters about trademarks
similar to a provided input.
BACKGROUND
[0003] A trademark is a distinctive sign or indicator used by
businesses, individuals, organizations and other legal entities to
identify and distinguish their goods and services from those from
other entities. A trademark may be a name, word, phrase, logo,
symbol, design, image, or a combination of these elements.
Business, individuals, organizations and other legally-recognized
entities may register a trademark with appropriate government or
international bodies. The owner of a registered trademark may take
legal action against any unauthorized use of their trademark.
[0004] Rights to a trademark are commonly, but not always limited
by legal jurisdictions. For example, the US Patent & Trademark
Office accepts registrations for and manages records of pending and
registered US trademarks, while the UK Intellectual Property Office
accepts registrations for and manages records of pending and
registered UK trademarks. There exist organizations and
[0005] groupings that allow for multi-jurisdictional registration
of marks. One such system is the Madrid System. Another such system
is the Community Trade Mark system in the European Union.
[0006] Business, individuals, organizations and other
legally-recognized entities need not necessarily register their
distinctive name, word, phrase, logo, symbol, design, image or
other identifying elements with a government or international
entity such as the USPTO or the Madrid System. This is because
there exists, in certain countries such as Germany, provisions that
provide limited common law rights for unregistered marks of goods
and services that occupy a highly significant position in the
marketplace.
[0007] Internet domain names are one area where infringement of
trademarks may occur. The Internet has been a prominent feature of
our lives since the latter part of the 20th century. Examples of
services, resources and functions that get delivered over the
Internet include the World Wide Web, with the delivery of requested
information in HTML (Hypertext Markup Language) and other similar
formats that include but is most certainly not limited to PHP, JSP,
Flash, DHTML, ASP, ASPX and more. This information is often
delivered over a web browser such as Apple Safari and Mozilla
Firefox, and is commonly accessed and identified by primary
identifiers known as internet domain names. These internet domain
names provide easily recognizable and memorizable names to
numerically-addressed Internet resources. Examples of domain names
include apple.com, whitehouse.gov, google.co.uk, and mit.edu.
[0008] Internet domain names are used as an addressing method for
accessing a plethora of other services, such as accessing and
transferring files via the File Transfer Protocol (FTP). Internet
domain names are also, among other purposes, used to identify the
senders and recipients of electronic mail (e-mail) and to manage
routes for the actual transmission of these e-mail messages. It is
clear that domain names play an extremely critical function in the
operation of the Internet. Other uses of domain names as an
addressing method include SFTP (Secure File Transfer Protocol),
RTSP (Real Time Streaming Protocol), and more.
[0009] Domain names have multiple components. In the example of
apple.com, `apple` is the second-level domain (SLD), while `com` is
the top-level domain (TLD), otherwise known as a suffix. Examples
of TLDs are .com, .net, .org, .info, .biz, .mobi, and .name. Other
TLDs include country-code variants (otherwise known as ccTLDs) such
as .de, .co.uk, and .com.cn. TLDs are managed by registries (also
known as registry operators). For example, `.com` is managed and
run by Verisign, Inc., while `.org` is managed and run by the
Public Interest Registry and `.uk` is managed and run by Nominet
UK. These registries maintain domain name registration information.
In most cases, registry operators contract with designated (or
accredited) domain name registrars (for example, eNom, Inc.,
Network Solutions, LLC, etc.) to provide domain name registration
services to the public (end users) with minimal limitations.
Registrars may then offer registration of domain names through
reseller affiliates. End-users may register any domain name through
registrars or their resellers. A domain name may generally be
registered for up to a maximum period of 10 years.
[0010] End-users are generally allowed to register any domain name
they want, so long as the domain name is not presently registered.
In most cases, the registration process is a simple one. The
end-user goes to the website of a domain name registrar (or its
reseller), types in the domain name that he/she is interested in
registering, and the registrar (or its reseller) performs a check
for the availability of that domain name with the registry. If the
domain name is available, the end-user may then register that
domain name with a payment. At this time, the registrar ensures
that the domain name is added to the registry. When the
registration process is complete, the end-user who is now the owner
of a domain name is known as a `registrant`.
[0011] The registrant (domain name owner) may elect to create
subdomains (third-level domains, or even more). For example,
Google, Inc., a search engine provider with a primary domain name
of google.com, may elect to create a subdomain name `news`,
resulting in a public-facing address `news.google.com`. Subdomains
allow for an extremely large number of potential addresses to be
created on the internet.
[0012] New TLDs are constantly being introduced (mostly global
TLDs, or gTLDs), formerly dormant/unused ccTLDs are being
reintroduced or relaunched (an example being .co), and new
countries result in the creation of completely new ccTLDs. For
example, 7 new TLDs were introduced in 2001 and 2002. These were
.biz, .info, .name, .pro, .aero, .coop, and .museum. In 2003, six
more new TLDs (.asia, .cat, .jobs, .mobi, .tel and .travel) were
introduced. These new TLDs result in more opportunities for unique
SLDs to be registered (for example, telephone.com may not be
available, but telephone.mobi may be available for registration).
More gTLDs are being introduced in coming years as ICANN (the
Internet Corporation for Assigned Names and Numbers) loosens
limitations and allows for applications from entities who want to
run their own gTLD.
[0013] Additionally, new name character sets (aside from the former
ASCII limitations) have been introduced, allowing for the
registration of Internationalized Domain Names in native characters
from languages such as Arabic, Chinese, Russian and more.
[0014] Another area where end-users on the Internet may register
names of their own is on services (social networking sites, blog
sites, instant messaging, and more) such as Facebook, MySpace,
Twitter, Blogspot, Linkedin, and AOL Instant Messenger. Many of
these privately run services provide users with opportunities to
secure a username that becomes part of a public-facing web address.
For example, Mark Zuckerberg, who is an instance of a Facebook
(social network site) user, may register `facebook.com/zuck`, where
the `zuck` component of the web address was selected by the end
user. In another case, Nouriel Roubini, who is an instance of a
Blogspot (weblog/web journal service) user, may register
`nourielroubini.blogspot.com`, where the `nourielroubini` component
of the web address was selected by the end user. In yet another
example, Starbucks Corporation, which is a corporation that has a
Twitter (service for high-speed status update transmission and
sharing) profile/presence, may register
http://twitter.com/starbucks, where the `starbucks` component of
the web address was selected by the end user. The list of examples
mentioned in this paragraph is by no means exhaustive. There are
many more examples of public-facing usernames hosted by
privately-run services. In a final example for this section, Justin
Bieber, who is an instance of an AOL Instant Messenger (AIM) user,
may register `justinbieber` as his AIM screen name.
[0015] In summary, there is a multitude of opportunities on the
Internet where an individual or entity may create a new web address
(e.g. domain names, subdomains, networking sites, and blog
services), or a unique identifier (e.g. instant messaging services)
associated with the use of web-based services. The number of such
opportunities is expanding as new TLDs are launched and as dormant
TLDs get revived or relaunched. This number of opportunities is
also increased by the ever-growing number of social networks, blog
services, and more.
SUMMARY
[0016] Various embodiments of the present invention generally
relate to trademark searching and notification systems. More
specifically, various embodiments of the present invention relate
to systems and methods for informing requesters about trademarks
similar to a provided input (e.g., a domain name, an e-mail
address, instant messaging user name, or an advertisement). For
example, some embodiments include receiving, from a requester, a
request to perform a trademark search for a provided input. The
requester, for example, can be an individual, an organization, a
service provided, etc. One or more databases can be searched for
trademarks related to the provided input. In some embodiments, for
example, the provided input can be directly used for searching the
databases. In other cases, the provided input can be processed or
parsed into phrases for searching the databases. Based on the
returned trademarks, a relevance score for each trademark can be
determined. The relevance score can be based on a variety of inputs
and factors such as status of a trademark, filing date, first use
date, litigation history, comparison of potential classes with
classes assigned to the trademarks, and others. Then, a
notification can be generated based at least in part on the
relevance score.
[0017] Some embodiments of the notification system include a
communications module, a parsing module, a searching module, a
notification module, a graphical user interface module, a
verification module, and/or other modules or components. The
communications module can be configure to receive a request to
perform a trademark search for a provided input. The parsing module
can be configured to parse or process the provided input into
phrases for searching. The searching module can be configured to
receive the phrases from the parsing module and search (e.g., using
exact matches, phonetic matches, and/or natural language matches)
one or more database for trademarks related to the phrases.
[0018] The notification module can be configured to receive the
trademarks related to the phrases and generate a notification. In
some cases, the notification module can determine a relevance of
the trademarks related to the phrases before generating the
notification, wherein the relevance of the trademark is based on a
status, a filing date, a first use date, a registration date,
keyword matches between the description of the trademark and the
context of use of the keyword within the provided input, a
trademark jurisdiction, or an involvement of the trademark owner.
The graphical user interface module can be configured to generate
one or more user interface screens configured to display the
notification to a recipient and receive a verification from the
user that the user has reviewed the notification.
[0019] While multiple embodiments are disclosed, still other
embodiments of the present invention will become apparent to those
skilled in the art from the following detailed description, which
shows and describes illustrative embodiments of the invention. As
will be realized, the invention is capable of modifications in
various aspects, all without departing from the scope of the
present invention. Accordingly, the drawings and detailed
description are to be regarded as illustrative in nature and not
restrictive.
BRIEF DESCRIPTION OF THE DRAWINGS
[0020] Embodiments of the present invention will be described and
explained through the use of the accompanying drawings in
which:
[0021] FIG. 1 illustrates an example of an environment in which
some embodiments of the present invention may be utilized;
[0022] FIG. 2 shows a block diagram with exemplary components of an
informing engine in accordance with one or more embodiments of the
present invention;
[0023] FIG. 3 is a flow chart illustrating exemplary operations for
performing a trademark search in accordance with some embodiments
of the present invention;
[0024] FIG. 4 is a flow chart illustrating exemplary operations for
generating a notification in accordance with various embodiments of
the present invention;
[0025] FIG. 5 is a flow chart illustrating a set of exemplary
operations for a service provider to allow a registration in
accordance with one or more embodiments of the present invention;
and
[0026] FIG. 6 illustrates an example of a computer system with
which some embodiments of the present invention may be
utilized.
[0027] The drawings have not necessarily been drawn to scale. For
example, the dimensions of some of the elements in the figures may
be expanded or reduced to help improve the understanding of the
embodiments of the present invention. Similarly, some components
and/or operations may be separated into different blocks or
combined into a single block for the purposes of discussion of some
of the embodiments of the present invention. Moreover, while the
invention is amenable to various modifications and alternative
forms, specific embodiments have been shown by way of example in
the drawings and are described in detail below. The intention,
however, is not to limit the invention to the particular
embodiments described. On the contrary, the invention is intended
to cover all modifications, equivalents, and alternatives falling
within the scope of the invention as defined by the appended
claims.
DETAILED DESCRIPTION
[0028] Various embodiments of the present invention generally
relate to trademark searching and notification systems. More
specifically, various embodiments of the present invention relate
to systems and methods for informing requesters about trademarks
similar to a provided input. Current means of enforcement of
trademark rights by trademark owners involve filing lawsuits, using
arbitration, and sending cease and desist letters, and more. Use of
such methods in today's information-rich world is often ham-fisted
and akin to attempting to smash a fly with a hammer. There exists a
great deal of information asymmetry between those who can
unwittingly or deliberately misuse a trademark or a term similar to
the trademark, and what the actual owners of trademarks actually
want the world to know.
[0029] Instead of a complaints-based system where a platform
operator has to respond to complaints from trademark owners, some
embodiments of the present invention provide for a proactive system
in which users are notified of similar trademarks before using
specific term(s) and users proceed after understanding which
trademarks actually exist and what areas those trademarks actually
entail, and possibly being notified of newly applied trademarks and
modified trademarks at later times that are similar to the specific
term(s) being used. This notification or alert from a service
provider and a recipient of services may optionally be a component
of the Terms of Service of the service provider.
[0030] Various embodiments of the systems and methods described
herein provide for a fast, simple way to search/request/check
whether the manner in which they are about to use a given term,
phrase, or identification string is not likely to be infringing on
an existing trademark. This search/request/check, and the
subsequent verifiability that such a step had taken place, reduces
the likelihood that willful infringement of a trademark will take
place, thereby eliminating unnecessary distress and costs to all
parties.
[0031] Among other things, some embodiments of the proposed systems
and methods enable individuals and organizations to obtain/receive
a list of trademarks similar to a given keyword or phrase, and to
achieve a verifiable record of them doing so, which may serve
various purposes including (i) demonstrating that adequate due
diligence had been performed prior to the usage of a specific
keyword or phrase in any context, (ii) altering their behavior of
usage of the term(s) in question to avoid conflicts with existing
classes of similar trademarks, (iii) performing precautionary
checks/scans on a regular basis to ensure that their usage of a
keyword or phrase is not in conflict with a new trademark, (iv)
responsibly providing alerts and notifications as a provider of a
platform or medium that allows for potential misuse of a trademark
or trademark-similar term, (v) detecting attempts to register a
trademark where the user of the keyword/phrase has already had de
facto rights to the term by virtue of continued use of the term, or
more.
[0032] In addition, various embodiments provide for the initiation
of a means of data compilation including a list, indexed database,
XML database, relational database, object database, or other data
storage method, in preparation for subsequent storage of trademark
information and data. Trademark data includes, but is not limited,
date(s), status, classes, serial number/identifiers, image(s),
description(s), jurisdiction(s), and other identifying and/or
classifying information such as legal precedents--past
lawsuits/disputes over the use of that keyword. The compilation of
trademark data can be updated regularly against their respective
sources. In some embodiments, the sources are accessed directly for
the searching. Various embodiments also provide for various
interfaces, mechanisms, and system by which entities can submit
their own marks (which may be unregistered, non-default) with
possible/optional verification of credentials for injection into
data compilation. The compilation of submitted data may be
regularly against their respective sources.
[0033] Upon receiving an analysis request, various embodiments
process raw input in preparation for comparison search. The
comparison searches can be verified through the use of unique
identifier(s) created for each search/request/check. In some
embodiments, an identifier can include a timestamp, search id, user
id, search type, etc. In some cases, unique identifiers can be
assigned to the requester and the recipient. Logging
(recording/storage) in system of verifiable (time stamp, etc)
record/message of the properties and results of executed
search/request/check, storing date and time of search, search party
ID, search query, results transmitted, result count, and all other
information as previously outlined. Some embodiments also log a
verifiable record/message that said results were actually displayed
or transmitted to a recipient. The system can make records
available to registrar, registrant, possibly in the form of control
panel. Back up record of properties of search/request/check, the
results, and subsequent transmission, to alternate system (e.g.
geographically diverse offsite location).
[0034] Output of search/request/check can be a list, which can take
the form of a table with these possible columns: the relevant
trademark detected, % degree of relevance and/or the % degree of
similarity, date(s), status, classes, serial number/identifiers,
image(s), description(s), jurisdiction(s), and other identifying
and/or classifying information such as past lawsuits/disputes over
the use of that keyword. Other forms of data output include a
digital or printable report, a database, a webpage with links, an
e-mail message, an audio message, and more.
[0035] If a specific search/request/check is a regular, repeating
event, optionally check for previously displayed results to ensure
that only new or changed results are emphasized. This may take the
form of date comparisons, whole-list comparisons, annotations, or
other forms of differentiating when a particular result has changed
since the last time it appeared in a previous
search/request/check.
[0036] The techniques introduced here can be embodied as
special-purpose hardware (e.g., circuitry), or as programmable
circuitry appropriately programmed with software and/or firmware,
or as a combination of special-purpose and programmable circuitry.
Hence, embodiments may include a machine-readable medium having
stored thereon instructions which may be used to program a computer
(or other electronic devices) to perform a process. The
machine-readable medium may include, but is not limited to, floppy
diskettes, optical disks, compact disc read-only memories
(CD-ROMs), and magneto-optical disks, ROMs, random access memories
(RAMs), erasable programmable read-only memories (EPROMs),
electrically erasable programmable read-only memories (EEPROMs),
magnetic or optical cards, flash memory, or other type of
media/machine-readable medium suitable for storing electronic
instructions.
Terminology
[0037] Brief definitions of terms, abbreviations, and phrases used
throughout this application are given below.
[0038] The terms "connected" or "coupled" and related terms are
used in an operational sense and are not necessarily limited to a
direct physical connection or coupling. Thus, for example, two
devices may be coupled directly, or via one or more intermediary
media or devices. As another example, devices may be coupled in
such a way that information can be passed there between, while not
sharing any physical connection with one another. Based on the
disclosure provided herein, one of ordinary skill in the art will
appreciate a variety of ways in which connection or coupling exists
in accordance with the aforementioned definition.
[0039] The phrases "in some embodiments," "according to various
embodiments," "in the embodiments shown," "in one embodiment," "in
other embodiments," and the like generally mean the particular
feature, structure, or characteristic following the phrase is
included in at least one embodiment of the present invention, and
may be included in more than one embodiment of the present
invention. In addition, such phrases do not necessarily refer to
the same embodiments or to different embodiments.
[0040] If the specification states a component or feature "may",
"can", "could", or "might" be included or have a characteristic,
that particular component or feature is not required to be included
or have the characteristic.
[0041] The term "module" refers broadly to software, hardware, or
firmware (or any combination thereof) components. Modules are
typically functional components that can generate useful data or
other output using specified input(s). A module may or may not be
self-contained. An application program (also called an
"application") may include one or more modules, or a module can
include one or more application programs.
General Description
[0042] FIG. 1 illustrates an example of an environment 100 in which
some embodiments of the present invention may be utilized. As
illustrated in FIG. 1 a requester, such as, a domain name registrar
110, a social networking site 120, an e-mail service 130, or other
service provider 140, can send a request for a trademark analysis
of an identification string or other provided inputs (e.g., such as
graphics or logos which can be analyzed with a graphical analysis).
In accordance with some embodiments, the request can be sent
through network 150 to notification system 160.
[0043] Network 150 generally refers to a group of interconnected
devices capable of exchanging information. A network may be as few
as several personal computers on a Local Area Network (LAN) or as
large as the Internet, a worldwide network of computers. In
accordance with some embodiments, network 150 includes any network
capable of transmitting information from one entity to another. In
some cases, network 150 may be comprised of multiple networks, even
multiple heterogeneous networks, such as one or more border
networks, voice networks, broadband networks, financial networks,
service provider networks, Internet Service Provider (ISP)
networks, and/or Public Switched Telephone Networks (PSTNs),
interconnected via gateways operable to facilitate communications
between and among the various networks.
[0044] Once the notification request has been received,
notification system 160 can search various trademark databases 170
and/or self-reported trademark databases 180. A list of related
trademarks can be returned to the requester and/or to third-party
190 (e.g., one of the trademark owners). The requester for a
search/request/check may be a different party from a recipient of
the notification. For example, a domain name registrar 110 (the
requester) may request for a search before a potential registrant
(the recipient) registers a domain name. In a second example, the
registrar (the requester) initiates the search each month and have
the results delivered to the registrant (the recipient). In both
cases, the requester and the recipient are two separate parties. In
a third example, the registrant of a domain name may individually
elect to initiate a search/request/check for trademarks similar to
a given keyword without involving any other party. In this case,
the requester and the recipient of results is the same party.
[0045] Trademarks databases 170 could include external databases
from around the world. For example, the US Patent & Trademark
Office accepts registrations for and manages records of pending and
registered US trademarks, while the UK Intellectual Property Office
accepts registrations for and manages records of pending and
registered UK trademarks. There exist organizations and groupings
that allow for multi-jurisdictional registration of marks. One such
system is the Madrid System. Another such system is the Community
Trade Mark system in the European Union. Trademark data from the
largest and well-known trademark offices, systems and jurisdictions
can be included in the system as a base layer of data, while
retaining the option of adding more data at any time.
[0046] Some trademark owners may submit their trademarks (e.g.,
because some jurisdictions/countries restrict access to lists of
trademarks, or were simply not included in the system or
unregistered marks). In accordance with various embodiments, the
submission may occur via a web form, e-mail, telephone, or other
method of communication to the management of this system, or to
some other repository of such trademark data that may then be fed
to the management of this system. This information can be stored in
self reported trademark databases 180.
[0047] In some embodiments, notification system 160 may
alternatively rely entirely on self-reported trademarks, where only
trademarks that are reported to the management of the system will
be included and returned in results. In any case of a self-reported
trademark being added to the system, the self-reported trademark
can optionally be verified by some means by the management of the
search/check system (for instance, a manual search of the
respective country/jurisdiction to ensure accuracy of the data
provided by the owner of the self-reported trademark).
[0048] Self-interested trademark owners may also elect to highlight
or annotate their trademark(s) if their trademark(s) appear in the
results that are returned to the requester of the search/check.
This request/election may be made via a web form, e-mail,
telephone, or other method of communication to the management of
this system. This election may also be included as part of other
systems. For example, if a trademark owner decides to subscribe to
an ancillary trademark-monitoring service that monitors specific
trademark(s), or if trademark(s) are added to a trademark docketing
system, the trademark(s) can optionally or automatically (as part
of the example monitoring service or docketing system) be included
for highlighting or annotating when the results (notification) are
returned from a check request. This serves the purpose of notifying
the result recipient that the trademark owner pays particular
attention to the enforcement of their trademark.
[0049] The system's databases can accommodate additional inputs for
long-term archival and storage in some embodiments. The system can
receive a confirmation of acknowledgement, receipt and
understanding directly from the recipient of the results. The
system can also subsequently receive, from a designated party (e.g.
a requester such as a domain name registrar) information about
whether a term was eventually used (e.g. if a domain name SLD that
was the subject of a search/request/check was eventually
registered).
[0050] As described above, each of the service providers
illustrated in FIG. 1, may request the trademark analysis and
notification. Each one, however, has slightly different problems to
motivate the request. For example, consider domain name registrar
110. In this case, the number of opportunities where an individual
or entity may create a custom web address or online unique
identifier has led to inadvertent and intentional instances of
trademark infringement. Other examples are typosquatters and
cybersquatters. A typosquatter may register `trupadvisor.com` in
place of the popular TripAdvisor (which has its web site at
tripadvisor.com). A cybersquatter may register
`existingtrademark.com` where `existingtrademark` is a hypothetical
registered trademark whose owner has not registered the equivalent
domain name.
[0051] In these two cases, the unlicensed user (taking the form of
a typosquatter or a cybersquatter) may (a) derive advertising
revenue from these domain names by placing advertisements on them,
(b) pressure the rightful trademark owner into purchasing the
domain name for a profitable amount of consideration (e.g. money or
benefits), or (c) use the domain name for other purposes,
infringing or otherwise. It may alternatively be the case that the
domain name registrant has inadvertently/unwittingly registered a
domain name that matches or is similar to an existing registered
trademark, and is being unwittingly regarded by the owner of the
registered trademark as a trademark infringer.
[0052] The extremely large number of registered domain names and
registered trademarks, with more being registered each day, poses
problems for at least three parties: 1) the domain name owners, 2)
the trademark owners; and 3) the domain name registries and
registrars. The owners are unable to keep track of all the
trademarks (and their associated classes) that they might be
infringing upon. For example, the use of automated parking services
for domain names that are currently not in active use may cause the
display of infringing advertisements. A domain name in active use
with web content may also inadvertently infringe upon the rights of
a trademark owner. The infringement of trademark(s) by a domain
name owner could result in legal action (UDRP arbitration, ACPA
lawsuit, etc.) taken against the domain name owner, which could
lead to the loss of the domain name and even becoming liable for
monetary damages that are awarded to the trademark owner. This
problem is compounded by the fact that the number of trademarks
grows continually--it is hard to keep track of new trademarks and
ensure compliance of all owned domain names.
[0053] Owners of trademarks are unable to track which of the domain
names may be infringing on their trademark(s). New domain names are
constantly being registered, transferred, renewed, and deleted.
Registrars may face devastating consequences (in the form of
monetary damages being awarded against them) from ACPA and other
lawsuits that allege their having a contributory role in any
infringement of trademarks by allowing those potentially infringing
domain names to be registered.
[0054] Examples of social networking sites 120 include, but are not
limited to, Facebook, Linkedin, MySpace, and Friendster. Users of
these sites have the ability to create individual `profile pages`.
Users often have the ability to 1) for personal profile pages,
specify their own name (which should be a real name) that is
displayed on the profile page, 2) for group/corporate profile
pages, specify their group name that appears on the profile page,
and 3) specify a username that is displayed as part of the web
address for their personal or group profile page. In the example
mentioned in the preface, Mark Zuckerberg, who is an instance of a
Facebook social networking user, may register `facebook.com/zuck`,
where the `zuck` component of the web address was any string of
text selected by the end user. The operators of social networking
sites 120 face the risk of being entangled in legal action should
users register, inadvertently or otherwise, usernames that infringe
on trademarks, with these usernames being displayed on personal or
group profile pages, or web addresses leading to those profile
pages. As such, social networking sites can submit identification
strings to notification system 160.
[0055] Regular e-mail addresses consist of two components: the
username (also known as the local-part), and the domain name. In
the example fool@bard.com, the part `fool` before the @ is the
username, while the part `bard.com` is the domain name. Owners of
domain names may create any number of e-mail addresses by creating
usernames that are a subset of the domain name. For example, the
owner of the domain name `bard.com` can create the e-mail usernames
`fool1`, `fool2`, and `fool3`, resulting in the e-mail addresses
fool1@bard.com, fool2@bard.com, and fool3@bard.com.
[0056] With a 64-character long limit for the username/local-part
of an e-mail address, and that subdomain names can also be used in
the creation of e-mail addresses (e.g. fool@bom.bard.com for the
subdomain bom.bard.com), the issue of potential misuse or trademark
infringement can be a major concern for domain name owners. This is
especially so for operators of free e-mail services such as
aol.com, comcast.net, gmail.com and hotmail.com (e.g. someone may
set up microsoftinc@gmail.com, which would be infringing on a
trademark, `Microsoft`), and for operators of free web and e-mail
hosting services that allow for subdomains (e.g. if bard.com were
to offer free web and e-mail hosting services, someone may set up
bom.bard.com, which may conflict with a hypothetical trademark,
`bombard`). These e-mails could infringe trademarks or be used for
phishing. As such, e-mail service providers 130 may use
notification system 160 check for possible issues.
[0057] Other examples of service providers 140 include instant
messaging (IM) services that allow for the creation of custom
usernames or `handles` which are the primary means by which an
individual may be identified on these IM services. Still yet,
online advertising including domain parking and domain name
redirection can be problems.
[0058] Written text can also be submitted to notification system
160. Written text can take the form of a webpages with written
content, blog posts, social networking status updates or notes,
press releases, newspaper articles, books, novels, magazines,
newspaper articled, advertisements, journals, directories, product
manuals, products and packaging, research papers, textbooks,
essays, e-books, audiobooks, movie scripts, television broadcast
scripts or transcripts, song lyrics, talking books, text in Braille
code, and more. As can be seen, these can take a printed form, a
digital/electronic form, or other forms. The purpose may be
academic, scientific, recreational, social, entertainment, or
more.
[0059] The author of the text, or the owner/management of the
medium on which the text is published, may wish to avoid use of any
trademark or ensure that any mentioned trademark is fully
attributed to the rightful owner by means of annotating next to the
text mark a .TM. (for a trade mark), a .quadrature. (for a service
mark), or a .RTM. (for a registered trade mark), or by a
disclaimer. Examples of marks that may be present include
Xerox.RTM. (a registered trademark for photocopiers), Kleenex.RTM.
(a registered trademark for paper products), and Kiwi.RTM. (a
registered trademark for shoe polish).
[0060] FIG. 2 shows a block diagram with exemplary components of an
informing engine in accordance with one or more embodiments of the
present invention. According to the embodiments shown in FIG. 2,
the notification system 160 can include memory 210, one or more
processors 220, GUI generation module 230, communications module
250, parsing module 250, searching module 260, verification module
270, notification module 280, and submission module 290. Other
embodiments of the present invention may include some, all, or none
of these modules and components along with other modules, engines,
interfaces, applications, and/or components. Still yet, some
embodiments may incorporate two or more of these elements into a
single module and/or associate a portion of the functionality of
one or more of these elements with a different element. For
example, in one embodiment, parsing module 250 and searching module
260 can be combined into a single module.
[0061] Memory 210 can be any device, mechanism, or populated data
structure used for storing information. In accordance with some
embodiments of the present invention, memory 210 can encompass any
type of, but is not limited to, volatile memory, nonvolatile memory
and dynamic memory. For example, memory 210 can be random access
memory, memory storage devices, optical memory devices, media
magnetic media, floppy disks, magnetic tapes, hard drives, SIMMs,
SDRAM, DIMMs, RDRAM, DDR RAM, SODIMMS, erasable programmable
read-only memories (EPROMs), electrically erasable programmable
read-only memories (EEPROMs), compact disks, DVDs, and/or the like.
In accordance with some embodiments, memory 210 may include one or
more disk drives, flash drives, one or more databases, one or more
tables, one or more files, local cache memories, processor cache
memories, relational databases, flat databases, and/or the like. In
addition, those of ordinary skill in the art will appreciate many
additional devices and techniques for storing information which can
be used as memory 210.
[0062] Memory 210 may be used to store instructions for running one
or more modules, engines, interfaces, and/or applications on
processor(s) 220. For example, memory 210 could be used in one or
more embodiments to house all or some of the instructions needed to
execute the functionality of GUI generation module 230,
communications module 250, parsing module 250, searching module
260, verification module 270, notification module 280, and/or
submission module 290.
[0063] GUI generation module 230 may be used to generate one or
more user interface screens. For example, the GUI generation module
230 can be used to generate a user interface screen for receiving
the provided input or identification string. As another example,
GUI generation module 230 can generate a user interface screen to
display the notification to a recipient and/or receive a
verification from the user that the user has reviewed the
notification
[0064] In some embodiments, communications module 250 may receive a
request to perform a trademark search for a provided input.
Communications module 250 can translate all or part of the request
into a format required by one or more other module. For example, if
the request is encrypted communications module 250 can decrypt the
request.
[0065] In some embodiments the provided input may result from an
Internationalized Domain Name (e.g., Arabic, Chinese, Russian, and
other languages that do not strictly stick to an ASCII character
set can be used). This applies to two areas: the top level domains
(e.g. China ccTLD domain names ending in a localized script instead
of .cn) and the SLD (e.g. the `myowndomain` part of the domain name
`myowndomain.com`). This introduces more possible SLDs, which
increases chances of infringement of non-ASCII trademarks by domain
names. Some embodiments of communications module 250 can handle
domain names that are non-ASCII translations of ASCII trademarks.
Phonetical similarity may be weighed in some embodiments of
notification system 160 when considering whether a domain name that
is being registered is potentially infringing on native-script
trademarks from around the world.
[0066] Parsing module 250 can be used to parse the provided input
into phrases for searching. In some embodiments, parsing module 250
generates phrases from each domain level for searching. For
example, an individual or entity may set up a subdomain as a
subsidiary component of a domain name that is owned by that
individual or entity. The individual or entity owns the domain name
`myowndomain.com`, and may freely set up
`tripadvisor.myowndomain.com`, where `tripadvisor` is the subdomain
component of the domain name, and in this case, `tripadvisor` is a
registered trademark.
[0067] Parsing module 250 also generates phrases by removing `.'s
in the domain name. For example, there has been increased use of
domain hacks such as `del.icio.us` (where .us is the TLD, and `del`
and `icio` are subdomains, and `icio.us` is the registered domain
name). These domain hacks, when concatenated by removing the `.'s
that form the entire chain (of subdomains, the SLD, and the TLD),
form words that make some sense. In the case of `del.icio.us`, a
popular social bookmarking website, the entire address can be
concatenated into `delicious`, an easy-to-remember English word. It
is possible for domain name owners to create subdomains under their
domain names, and create a domain hack that may not be obvious from
just the domain name (i.e. the SLD+TLD, e.g. `nyti.ms` run by the
New York Times). In certain cases, just the domain name itself can
be a domain hack (i.e. the SLD+TLD, e.g. `sen.se`-concatenated into
the word `sense`). Trademark owners may take action because, inter
alia, domain hacks can be used for nefarious purposes such as
phishing websites and fake, deceptive e-mail addresses. Trademark
owners may take action simply because of the need to protect their
brand equity. As a result, various embodiments of notification
system 160 perform phonetic searches.
[0068] Searching module 260 receives the phrases from the parsing
module and searches one or more databases for trademarks related to
the phrases. The searching can include searches the databases for
exact matches, phonetic matches, and natural language matches.
[0069] In some embodiments, verification module 270 can be used to
verify that the recipient of the results of the
search/request/check has received, understood, accepted, or
acknowledged the results. This verification may take place via a
web button generated by GUI generation module 230 (if results are
displayed on a web page), via a telefax transmission (sign and fax
back for manual or automated review and acceptance), via responses
to telephone voice prompts (Third Party Verification via transfer
or 3-way call; or simply an audio recording of vocal responses),
express or regular mail (sign document that bears the results and
return to system operator via mail), via delivery confirmation
(similar to legal service of documents), or a combination of any of
these with any original method of delivering the request for
acknowledgment (e.g. print out a webpage or e-mail attachment,
sign, then return via scan, telefax, or postal mail).
[0070] Upon confirming this verification (of receipt,
understanding, acceptance or acknowledgement), the original
requester of the search/request/check or the recipient of the
result may want to make the confirmation of verification of
receipt, understanding, acceptance or acknowledgement available to
a third party, such as a trademark owner. The original requester of
the search/request/check or the recipient of the result may
optionally make the fact that the search has taken place available
to a third party. This notification of a third party may take place
immediately and automatically, or manually/optionally.
Immediately/automatically--for example, immediate notification may
be useful for trademark owners (a third party) who may want to
aggregate statistics about where their trademarks are being used.
Manually/optionally--delayed and optional notification of a third
party may be useful where a recipient or requester wants to show
that adequate due diligence had been performed prior to the use of
a certain keyword.
[0071] In some embodiments, verification module 270 generates a
digital stamp generated from (i) the time of the
search/request/check, and (ii) the results of the
search/request/check, accompanies the notification to prove that
the results were truly valid at the time of the search. The
notification/information may optionally include the fact that the
recipient had confirmed receipt of the results of the
search/request/check.
[0072] Notification module 280 can be used to generate and track
the notifications. In some embodiments, notification module 280
receives the trademarks related to the phrases and generates the
notification. The notification can be delivered to a third party
and/or the original requestor.
[0073] The notification of a third party could be useful in an
example of a domain name owner, who may own a domain name. The
domain name owner is under legal pressure to transfer it to a
trademark owner due to allegations that the domain name was
infringing on a registered trademark. However, the results received
by the domain name owner may not have included the trademark in
question (for example, the trademark may have become public
knowledge shortly after the domain name was registered), and a
notification may be made to the third party (in this case, a
trademark owner) that reasonable effort had already been made to
determine that the domain name registration would not be
infringing.
[0074] The notification of a third party could also be useful in an
example of a domain name registrar, which may receive tens of
thousands of registrations or renewals per year. If a domain name
is regarded as possibly infringing on a trademark, the trademark
owner may attempt to take legal action against the registrar as
well. The registrar can notify the trademark owner with the results
of the search/request/check to demonstrate that it had already made
a good faith effort (as the requester) in providing notice to the
domain name registrant (as the recipient of results) before the
registration of the domain name had taken place, and that the
registrant was fully responsible for the domain name. The
notification of a third party could also be useful in the following
example: Upon the registration of a domain name, a registrar
(requester) may chose to automatically provide trademark owners (a
third party) with a notice that the registrant had registered a
name and was aware of similar trademarks, in exchange for immunity
against claims of trademark infringement.
[0075] In accordance with some embodiments, this
notification/information may be made available to the trademark
owner or any other third party (e.g. a court) through a web- or
software-based user interface. The trademark owner or other third
party may alternatively be notified by a multitude of other means:
a webpage, an table within a webpage, an overlay on a webpage, a
website pop-up, an e-mail message, an e-mail message with a link to
a webpage (essentially, anything that results in the results being
displayed on a visual display unit or VDU), a telefax transmission,
a telegraphic transmission, a telephone call, express mail services
(e.g. UPS, FedEx, DHL), regular mail services (e.g. via USPS mail),
via hand delivery, and/or other information transmission methods.
The original requester may require the third party abide by a legal
agreement, e.g. indemnify the requester or the recipient of results
from legal action, or may bind the third party to a non-disclosure
agreement.
[0076] In some embodiments, the output of search/request/check is
possibly a list, which can take the form of a table with these
possible columns: the relevant trademark detected, % degree of
relevance and/or the % degree of similarity, date(s), status,
classes, serial number/identifiers, image(s), description(s),
jurisdiction(s), owner data, and other identifying and/or
classifying information such as past lawsuits/disputes over the use
of that keyword. Other forms of data output include a digital or
printable report, a database, a webpage with links, an e-mail
message, an audio message, and more. Notification module 280 can
determine a degree of relevance for each trademark and possibly
remove any below a certain threshold. The degree of relevance
(which can take the form of a weight, ranking, rating, score, or
percentage) is calculated from one or a combination of several
factors, including but not limited to the following: [0077] (i)
Using phonetic and natural language processing techniques, the
keyword used for the search/request/check can be compared to all
similar trademarks and a similarity score assigned to each
individual match. [0078] (ii) By automatic detection (e.g.
contextual analysis of i--surrounding text on a webpage or
newspaper article, or ii--a description provided by the enquirer)
or manual input (e.g. typed in by the enquirer or the completion of
a questionnaire) of the likely classes in which the enquirer (e.g.
the domain name registrant, or potential trademark registrant) is
likely to or is already using the keyword, followed by a comparison
of those classes with the classes of trademarks with similar
keywords. A higher number of matching classes indicates a greater
degree of relevance. [0079] (iii) Status--a live or pending
trademark is more relevant than a dead, expired, or abandoned
trademark. [0080] (iv) Filing, First Use, and/or Registration
Date--an earlier trademark is possibly, in certain cases, more
important than a newer trademark. User or operator of system may
specify what weights are applied to each category of dates. [0081]
(v) Description--a higher number of keyword matches between the
description of the trademark and the context of use of the keyword
that is being enquired (e.g. text on a webpage, text surrounding
the keyword being used) implies a higher degree of relevance.
[0082] (vi) Jurisdiction--a result from the search/request/check is
deemed more relevant if it falls into the trademark jurisdiction
where the recipient of the result is planning to use the keyword.
In the specific case of domain names, this may depend on the TLD
extension--a ccTLD owner, for example, would need to be especially
notified of similar trademarks in the jurisdiction of the country
that is represented by said ccTLD. [0083] (vii) Involvement of
trademark owner--if trademark owner has elected to highlight the
owned trademark in results of each enquiry, then trademark is
possibly more relevant due to the vigilant state of the trademark
owner. [0084] (viii) Additionally, if there has been dispute(s)
over the trademark (e.g. at the USPTO's Trademark Trial and Appeal
Board), or if there has been enforcement activity over the
trademark (e.g. legal cases), then the trademark is likely to be
more relevant. [0085] (ix) The degree of `noise` surrounding a
trademark needs to be calculated to produce the degree of relevance
of a particular result. A greater deal of mentions of a particular
trademark in the mass media, on the Internet (e.g. number of search
results), the greater the relevance. [0086] (x) Top brands--a
custom list of top brands for each jurisdiction can be
custom-curated and additional relevance assigned to those top
brands when the degree of relevance is being calculated. [0087]
(xi) Relative relevance--to achieve a rank, the results of an
enquiry may have to be compared with each other to determine the
absolute rank/order of each trademark in the results. [0088] (xii)
Recurring result--whether this search/request/check has been
performed before for this particular recipient, and a specific
result it has been `marked as read` or `regarded as irrelevant`,
could potentially change or decrease the degree of relevance.
[0089] In some embodiments, notification module 280 will sort the
trademarks by the degree of relevance when first presented to the
recipient of the results. The recipient may then choose to sort the
results by other metrics e.g. filing date.
[0090] Submission module 290 can be configured to receive
submissions from trademark owners with information regarding one or
more trademarks. The information can be stored in self-reported
trademark database 180. In some embodiments, submission module 290
can use GUI generation module to create a submission interface that
allows owners to submit the information.
[0091] FIG. 3 is a flow chart illustrating exemplary operations for
performing a trademark search in accordance with some embodiments
of the present invention. In accordance with some embodiments, one
or more of the operation illustrated in FIG. 3 can be performed by
communications module 240, parsing module 250, searching module
260, notification module 280, and/or other system components or
modules. As illustrated in FIG. 3, an input (e.g., domain name,
e-mail address, or other identification string) is received from a
requester during receiving operation 310. The requester can be an
individual, an organization, or a service provider (e.g., domain
name registrar 110, social networking site 120, e-mail service
provider 130, etc.)
[0092] Once the input is received, processing operation 320
processes the input. In some embodiments, when the input is a SLD,
the processing can include parsing out the keyword `domain` in
`domain.com`, if keyword had not already been parsed out before
search/request/check commences. These strings can be used during
searching operation 330 where the string is compared against
database of all trademarks to detect trademarks that are similar.
When searching operation detects trademarks that are similar (e.g.,
via a comparison of (i) description/statement of intended use of
domain name, and/or (ii) web content of domain name including
multilevel content, with the descriptions/classes of all trademarks
that were detected as similar to determine the degree of similarity
with greater accuracy. *`multilevel content` refers to `deep
crawling` of a given domain name), notification operation 340 can
generate a notification of the results..
[0093] If the input is in a foreign, native script, then comparison
(of keyword and database of known trademarks) via transliteration
may be utilized during processing operation 320. Conversion of
encoding may also be necessary. Additional methods include parsing
or comparing for similarity in appearance and pronunciation (e.g.
usage of similar ideograms, radicals, and morphemes). As the same
written form may be pronounced differently in different regions,
the region in which the keyword will be used is an important factor
in helping to source for similar trademarks.
[0094] Processing operation 320 can be utilize a domain hack
detection algorithm in some embodiments. A domain hack takes the
form of `part1.part2.part3`, and as with any domain name, has to
have at least two parts. As a result, domain hack detection
algorithm concatenates the keyword inputs. For example, in the case
of `part1.part2.part3`, concatenating combinations of levels,
divided by a (full stop/period), creates a number of inputs:
`part1part2`, `part2part3`, and `part1part2part3`. For example,
del.icio.us yields `delico`, `icious`, and `delicious`. Each of
these is used as input for multiple search/request/checks.
Procession operation 320 can process descriptive content (a
statement or multilevel web content) for comparison with the
descriptions/classes of all trademarks that were detected as
similar to determine the degree of similarity with greater
accuracy.
[0095] In some embodiments, the input is a user name from a social
networking website or a IM user name, processing operation 320
receives input of username string and comparison of said string
against database of all trademarks to detect trademarks that are
similar. The username is often a public-facing identifier that may
be displayed and transmitted via a page or as a component of a web
address. In addition, processing operation 320 can process an input
of a string of one or multiple words that could be used in profile
names, group names, comments, or anywhere else where a long string
may be entered on the social networking site. Then searching
operation 320 generates a comparison (i) of each word of string and
(ii) of combination of words and phrases within string--with known
trademarks in system can then take place.
[0096] In accordance with some embodiments, when the input is an
e-mail address, processing operation generates a username string
i.e. portion before @ sign in e-mail address (e.g. `username` part
of username@domain.com). Comparison of that string against database
of all trademarks to detect trademarks that are similar occurs with
searching operation 330.
[0097] In some embodiments, the input can be a string of one or
multiple words obtained from written text, advertising text, or
header/headline. Then, searching operation 330 can generate a
comparison (i) of each word of string and (ii) of combination of
words and phrases within string--with known trademarks in system
can then take place.
[0098] In some embodiments, the input is a list of domain names,
e-mail addresses, user names, etc. When multiple inputs are
received in a batch, processing operation 320 first determines the
type of input and processes each item in accordance with the input
type. The searching operation 330 generates a search of each
entry.
[0099] FIG. 4 is a flow chart illustrating exemplary operations for
generating a notification in accordance with various embodiments of
the present invention. In accordance with some embodiments, one or
more of the operation illustrated in FIG. 4 can be performed by
notification module 280 and/or other system components or modules.
As illustrated in FIG. 4, receiving operation receives a list of
trademarks from a search. Generation operation generates a
relevance score for each of the trademarks in the list. The degree
of relevance (which can take the form of a weight, ranking, rating,
score, or percentage) is calculated from one or a combination of
several factors discussed above in conjunction with notification
module 280. Sorting operation 430 can sort the trademarks based on
the calculated relevance. In some embodiments, sorting operation
430 may remove trademarks from the list that fall below a certain
relevance level.
[0100] The `degree of relevance of result set` can be calculated
based on information derived from or associated with individual
results within each result set. This `degree of relevance of result
set` may take the form of a score/rank/percentage weight given to
each result set. This `degree of relevance of result set` can help
a person who is viewing a large number of result sets to choose the
most relevant ones to review. The requester may optionally request
that the system returns the `degree of relevance of result set` to
the requester. For example, a requester may wish to allow all
actions (such as username registration) to proceed, but review or
block only those actions (such as username registration) that,
after being subject to a search/request/check, produces a result
set that falls above a `degree of relevance result set`
threshold.
[0101] The results can be presented to a recipient (e.g., through a
GUI generated by GUI generation module 230). The user can request
addition sorting based on one or more fields (e.g., application
number, first use date, etc). Detection operation 440 determines if
the recipient has requested any additional sorting. If a
determination is made that additional sorting has been requested
detection operation 440 branches to sorting operation 430 where
additional sorting is performed based on the criteria received. If
a determination is made that no additional sorting has been
requested, the detection operation 440 branches to generation
operation 450 where a notification can be generated.
[0102] In some embodiments, all actions (e.g. tens of thousands of
domain name registrations) are subject to a search/request/check
process, and a score/rank/percentage weight given to each action,
so that the requester can prioritize which sets of results to
review, e.g. the top 1000 sets per day, or the top 10% of each
week's search/request/check results. This allows the requester to
allow all actions (e.g. domain name registrations), and review them
at a later time. In some embodiments, the requester (e.g. a domain
name registrar) may opt to perform a background check for all
actions, and allow only those whose score/rank/percentage weights
fall below a certain threshold, with the remainder requiring manual
review and authorization.
[0103] Various embodiments also allow a service provider to elect
to integrate the search/request/check into its Terms of Sale, Terms
of Service, or some other kind of legal agreement. It may require
the search/request/check as a prerequisite for the sale of a good
or the registration of a term (e.g. registration of a domain name,
renewal of a domain name, transfer of a domain name, signup for an
e-mail address). It may alternatively or additionally state that
the registration may be revoked if the results of a
search/request/check indicate issues of concern. The service
provider, as a requester, may choose to initiate the
search/request/check only upon a party's agreement to the legal
agreement. This may take the form of a web form.
[0104] FIG. 5 is a flow chart illustrating a set of exemplary
operations for a service provider to allow a registration in
accordance with one or more embodiments of the present invention. A
request for a trademark analysis of a domain name, e-mail address,
or other identification string is received during receiving
operation 510. A trademark analysis is requested during requesting
operation 520.
[0105] Initiating a search/request/check during request operation
520, whether as part of an automated process (e.g. upon a user
attempting to register a domain name, or on a regular basis such as
monthly or daily) or as a result of a manual request, will result
in a `notification` of results that may be delivered to a recipient
(not necessarily the original requester) via a combination of one
or more of the following methods: a webpage, an table within a
webpage, an overlay on a webpage, a website pop-up, an e-mail
message, an e-mail message with a link to a webpage (essentially,
anything that results in the results being displayed on a visual
display unit or VDU), a telefax transmission, a telegraphic
transmission, a telephone call, express mail services (e.g. UPS,
FedEx, DHL), regular mail services (e.g. via USPS mail), via hand
delivery, and/or other information transmission methods.
[0106] The request or checks may optionally take place only once
upon the occurrence of a specific event, e.g. when someone is
registering a domain name, creating a subdomain, creating domain
hacks using a string of subdomains, creating a publicly-accessible
and viewable username or handle for social networking, IM, e-mail
and other services, or transferring, selling, or auctioning any of
the earlier examples of domain names, subdomains, usernames, or
when a piece of written text needs to be reviewed for the presence
of trademarks or trademark-similar terms or phrases. Checks for any
given term may alternatively take place at modifiable or
pre-defined regular intervals, where new trademarks and
previously-detected (but since modified) trademarks are detected
and returned to the initiator of the check. Checks may also take
place on an ad-hoc basis, where the results are only requested when
needed.
[0107] Results returned for any request can take the form of all
relevant trademarks, or can include only trademarks that are new or
have changed since the previous search/request. If determination
operation 530 determines that no related trademarks, or no new
trademarks, have been found, the registration is completed during
allowance operation 540. If determination operation 530 determines
that related trademarks, or new trademarks, have been found then
generation operation 550 can generate an indemnification request.
Once the user accepts the indemnification request, the service
provider will complete the registration.
[0108] In accordance with some embodiments, the agreement to
indemnity may be one or many agreements. For example, in some
embodiments, in or to allow registration a confidentiality and or
other legal agreement by third party for benefit of requester
and/or recipient if a third party (such as a trademark owner) wants
to be notified of whenever a trademark appears in any result. Third
party may confirm indemnity and/or confidentiality for requester
and/or recipient via a variety of means: via a web button (if
agreement is displayed on a web page), via a telefax transmission
(sign and fax back for manual or automated review and acceptance),
via responses to telephone voice prompts (Third Party Verification
via transfer or 3-way call; or simply an audio recording of vocal
responses), express or regular mail (sign document that bears the
agreement and return to system operator or any designated party via
mail), any other original method of delivering the request for an
agreement (e.g. print out a webpage or e-mail attachment, sign,
then return via scan, telefax, or postal mail), or a combination of
any of these.
[0109] A note that an agreement (of any sort) had been endorsed and
executed may be made available to the subject of the agreement,
e.g. the requester or recipient. The execution of an agreement by a
third party may be delivered as part of the results (possibly as an
indicator that accompanies each trademark result) received by
recipient.
Exemplary Computer System Overview
[0110] Embodiments of the present invention include various steps
and operations, which have been described above. A variety of these
steps and operations may be performed by hardware components or may
be embodied in machine-executable instructions, which may be used
to cause a general-purpose or special-purpose processor programmed
with the instructions to perform the steps. Alternatively, the
steps may be performed by a combination of hardware, software,
and/or firmware. As such, FIG. 6 is an example of a computer system
600 with which embodiments of the present invention may be
utilized. According to the present example, the computer system
includes a bus 605, at least one processor 610, at least one
communication port 615, a main memory 620, a removable storage
media 625, a read only memory 630, and a mass storage 635.
[0111] Processor(s) 610 can be any known processor, such as, but
not limited to, an Intel.RTM. Itanium.RTM. or Itanium 2.RTM.
processor(s), or AMD.RTM. Opteron.RTM. or Athlon MP.RTM.
processor(s), or Motorola.RTM. lines of processors. Communication
port(s) 615 can be any of an RS-232 port for use with a modem based
dialup connection, a 10/100 Ethernet port, or a Gigabit port using
copper or fiber. Communication port(s) 615 may be chosen depending
on a network such a Local Area Network (LAN), Wide Area Network
(WAN), or any network to which the computer system 600
connects.
[0112] Main memory 620 can be Random Access Memory (RAM), or any
other dynamic storage device(s) commonly known in the art. Read
only memory 630 can be any static storage device(s) such as
Programmable Read Only Memory (PROM) chips for storing static
information such as instructions for processor 610.
[0113] Mass storage 635 can be used to store information and
instructions. For example, hard disks such as the Adaptec.RTM.
family of SCSI drives, an optical disc, an array of disks such as
RAID, such as the Adaptec family of RAID drives, or any other mass
storage devices may be used.
[0114] Bus 605 communicatively couples processor(s) 610 with the
other memory, storage and communication blocks. Bus 605 can be a
PCI/PCI-X or SCSI based system bus depending on the storage devices
used.
[0115] Removable storage media 625 can be any kind of external
hard-drives, floppy drives, IOMEGA.RTM. Zip Drives, Compact
Disc-Read Only Memory (CD-ROM), Compact Disc-Re-Writable (CD-RW),
Digital Video Disk-Read Only Memory (DVD-ROM).
[0116] The components described above are meant to exemplify some
types of possibilities. In no way should the aforementioned
examples limit the scope of the invention, as they are only
exemplary embodiments.
[0117] In conclusion, the present invention provides novel systems,
methods and arrangements for trademark searching and notification.
While detailed descriptions of one or more embodiments of the
invention have been given above, various alternatives,
modifications, and equivalents will be apparent to those skilled in
the art without varying from the spirit of the invention. For
example, while the embodiments described above refer to particular
features, the scope of this invention also includes embodiments
having different combinations of features and embodiments that do
not include all of the described features. Accordingly, the scope
of the present invention is intended to embrace all such
alternatives, modifications, and variations as fall within the
scope of the claims, together with all equivalents thereof.
Therefore, the above description should not be taken as limiting
the scope of the invention, which is defined by the appended
claims.
* * * * *
References