VISIONxe Inc. offers the service of connecting traditional offline advertisements to an online experience, using a URLized version of words and phrases typically and regularly found in transient advertising copy, and which are freely employed and enjoyed by the public in common everyday discourse. VISIONxe Inc. also offers URLized short alpha, numeric, and alpha-numeric strings.
Our words, phrases and other URLized names each represent and label a VISIONxe online billboard. The labels are a reflection of, and value-enhancer of, transient, limited-time, advertising copy; for example a key word or a phrase in the headline of a typical magazine, newspaper, TV or billboard advertisement.
This is a service to the whole advertising industry. It is offered worldwide, to all markets and jurisdictions, and would be of benefit to both marketers and consumers, and would add considerable value to the advertising ecosystem.
We respect the trademark and service-mark rights of all holders and understand and appreciate the value of such marks. Our services are offered for time specific advertising campaigns in the main, and we do not seek or intend to be a party to any advertisement or promotion that will cause confusion in the minds of consumers with regards to the source of any goods or service, or dilute any trademark.
We register and offer words and phrases when we are confident their fair use would not cause confusion in the minds of the public, nor would it blur or tarnish a mark. If, in our reasonable judgement, we find that a word or phrase is inherently distinctive, or has acquired secondary meaning, we shall refrain from offering such.
In our opinion, the fact that a word or phrase used in common everyday advertising copy is URLized to serve as a mere connector, connecting a transient advertisement to an online billboard, does not make it rise to the level of being a cause of confusion in the mind of the public, or make it dilute a brand, any more than the casual use of the word or phrase does in everyday advertising. Please note that our opinion or position is meant to offer perspective and is not a substitute for legal advice from clients’ lawyers.
Our clients must ensure that our words and phrases which label the templates be used to underscore the positive aspects of goods or services, or serve as mere calls to action rather than as signs identifying the goods and services themselves.
It is the responsibility of our clients to ensure that their use of our URL’s does not infringe on the trademark rights of third parties. This is spelled out in the Terms of Service.
If we receive legal judgment and notice that one or more of our URLs is being used in a way that infringes on the Trademark rights of third parties we shall promptly inform our client that their use of the URL is being used in a way that violates the Terms of Service and we shall terminate the contract.
We are willing to work with concerned owners of marks to offer a mechanism to monitor the use by any advertiser of any of our words or phrases in which they hold a trademark or service mark interest.
(Our Q & A page has more references to the trademark question)