It is currently Sun Nov 21, 2010 11:59 am
View unanswered posts | View active topics
Please click here to view the forum rules
Domain Name Disputes – A Quick Overview for Domainers
[ 2 posts ]
Domain Name Disputes – A Quick Overview for Domainers
Author
Message
TMCo
DN forumer
Joined: Sun Aug 02, 2009 5:17 pm
Posts: 8
Domain Name Disputes – A Quick Overview for Domainers There always seem to be many questions concerning what domain names can be registered vis-a-vis others’ rights in similar trademarks. Thus, we thought we would post a quick overview to the general standards that govern domain name registration and when the registration of a specific domain name could run afoul of another’s trademark rights.In general, if someone registers a domain name that is confusingly similar to another’s trademark, business name, or brand, then the owner of the trademark, business name, or brand may be entitled to have the domain name transferred to them. This applies even if their trademark has not been registered with the U.S. Patent and Trademark Office.To prevail in a domain name dispute, or on the contrary to loose one,, it must be shown that the domain name registrant: 1. Registered a Domain Name that is
2. Confusingly Similar to An Existing Trademark, Business Name, or Brand and
3. Did so in Bad Faith.The big issues in domain name disputes primarily come down to timing (i.e., to maintain a domain name dispute the trademark holder had to have rights in its trademark BEFORE the domain name was registered), the subjective view of how similar the domain name is to the trademark (e.g., Is the domain name nikeshoestore.com really that similar to the registered mark NIKE for shoes) as well as bad faith (e.g., what was the domain registrant’s intent in registering the domain name – where they trying to knock off the trademark owner’s rights?).To prevail in a case you must establish these three elements. To defeat a case you must show that at least one of these three elements does not exist in your particular case.Just thought we would post this information as many Domainers appear to have questions about this topic all of the time.As always if anyone has any questions on this or any other topic post it here or just give us a buzz.Thanks all.The Trademark Company
www.TheTrademarkCompany.com
Fri Sep 18, 2009 11:04 am
Domain-mod
Site Admin
Joined: Sat Apr 26, 2008 7:17 am
Posts: 955
Re: Domain Name Disputes – A Quick Overview for Domainers
Nice article. Thanks for the posting it here
_________________
domainnews.com – your guide in domain name industry.
Mon Sep 21, 2009 8:48 am
[ 2 posts ]
Users browsing this forum: No registered users and 0 guests
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
