The generic nature of the term “Tamil matrimony”
Posted by Domain Name David on Aug 26, 2008
While we will not be discussing the full details of our response to NIXI via this website, we thought that one of the claims made by the Complainer was worth getting commentary on from the public. It is their assertion that the term “Tamil Matrimony” has acquired a secondary meaning in that when people hear the term, they think of “tamilmatrimony.com”.
We find this claim to be erroneous for multiple reasons but primarily because “Tamil matrimony” is a generic term which has in no way acquired this secondary meaning. It is a term which pre-dates the internet as matrimony (or marriage) services for Tamil people have long been accepted in India (as well as Sri Lanka and other countries). So newspapers, marriage brokers, etc all use the term.
With the advent of the internet, there are millions of sites that mention the term “Tamil matrimony” which are not related to tamilmatrimony.com. It is an obvious and commonly used term. In fact, there are identical domain names offering similar services such as www.tamilmatrimony.net, www.tamilmatrimony.co.uk, www.tamilmatrimony.lk and www.tamilmatrimony.ca.
What do others think? Has the term Tamil matrimony derived a secondary meaning tying it to tamilmatrimony.com?
Enlisting the help of a lawyer
Posted by Domain Name David on Aug 24, 2008
Spoke with several domain name experts, trademark officials and attorneys who believe, as I do, that there is a strong case here against the Complainant.
I also chose a great lawyer to help file our response with Nixi - Sachin R. Mehta. He is a Los Angeles based attorney, founder of the Law Offices of Sachin R. Mehta and has great experience in trademark and domain name matters. Although he is across the country from me, I was impressed by his knowledge, ideas and business savvy. Given that we’re arguing a case many thousand miles away, what’s a little more distance?
Sachin and I will jointly maintain this site going forward.
Good morning. You’ve been served.
Posted by Domain Name David on Aug 13, 2008
I woke up to an email this morning from the National Internet Exchange of India (www.nixi.in) stating that they “have received a complaint with respect to a domain name “www.tamilmatrimony.co.in” and the matter is being referred to the arbitrator for arbitration proceedings.”
I happen to own the domain name.
I’m awaiting more details but will keep you posted.
