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Archive | June, 2010

Selling a Service Based on Goods Produced by Trademark Holder

A respondent’s choice of a domain name incorporating a trademark for the purpose of identifying its business rather than competing with the holder can be a legitimate use. The general rule is that a respondent may permissibly register and use a domain name that is confusingly similar to the complainant’s trademark if it is descriptive […]

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Unlikelihood of Recovering Long Lapsed Domain Name

Registration of a domain name inadvertently allowed to lapse is more likely to be recaptured if the complainant has acted quickly, but not otherwise.  A lengthy delay supports the conclusion that the loss was intentional. Radio Italia S.p.A. v. Mdnh Inc, Brendhan Hight, D2010-0329 (WIPO May 14, 2010). The Complainant owned <radioitalia.com> until 2000. The […]

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