California-based Phonesex.com LLC, registrants of the aged, adult domain PhoneSex.com, have applied for the registration of the matching mark, PHONESEX.COM, at the USPTO.
The application for this 22 year old domain name cites June 19, 2017 as the date of first use of the mark in commerce. The mark’s applicant lists the following products and services as related to the mark’s application:
- Downloadable auditory works online and in mobile wireless form; downloadable virtual reality application software to users online and in mobile wireless form; downloadable images and text featuring stories and pictures online and in mobile wireless form.
- Telecommunication services, namely, providing online and telecommunication facilities for real-time interaction by users of computers, mobile and handheld computers, and wired and wireless communication devices for communications; Telecommunication services, namely, the transmission of voice and data by means of broadband optical, wired and wireless networks and internet transmission enabling users to send and receive text messages, voice communications, electronic mail and instant messages; Telecommunication services, namely, providing on-line chat rooms with voice and text capabilities for the transmission of communications and messages between users.
- Entertainment services, namely, providing real-time conversation and communications via a global computer and telecommunications network; Entertainment services, namely, providing prerecorded communications via a global computer and telecommunications network; Entertainment services, namely, providing auditory works and information via a global computer and telecommunications network; Entertainment services, namely, providing an on-line virtual environment for communications via a global and telecommunications network; Entertainment services, namely, providing images and text featuring stories and pictures online and in mobile wireless form.
There are no records of the domain’s sale but around that time, the domain’s registrar and DNS were changed. We can assume that a sale of the domain PhoneSex.com might have taken place in late May or early June 2017.
According to Wikipedia, phone sex is a conversation between two or more people by means of the telephone which is sexually explicit and is intended to provoke sexual arousal in one or more participants.
Why was the domain name PHONESEX.COM applied for as a trademark with the USPTO?
It’s an ongoing trend among owners of generic domain names, following the decision by SCOTUS on the Booking.com trademark application.
Since then, dozens of generic domain names have been applied to be registered as trademarks, inclusive of the TLD.
As of January 5th, 2021, BOOKING.COM is a registered trademark with the USPTO.
Will these applications become the new norm? Watch this video from NamesCon Online 2020.
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