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Archive | May, 2012

Date of First Use in Commerce in Application for Trademark Not Evidence

As a general rule, there can be no bad faith registration of a domain name registered prior to the existence of a trademark. For a complainant to prevail on the first requirement that it has a trademark right, the date of first use in commerce disclosed in the application must pre-date the registration of the […]

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Legitimacy and Good Faith Undermined by Knowledge of Complainant and its Trademark

Speculating, offering to sell and monetizing domain names composed or dictionary words and descriptive phrases without more are not actionable under the Policy even if respondent fails the right or legitimate interest test. The more is proof of intent at the time of registration to take advantage of complainant’s reputation in the marketplace. Bad faith […]

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Acquired Distinctiveness Through 5 or More Years of Use

Words and phrases in common use are attractive equally to purveyors and domainers. That one has a trademark does not disqualify the other from registering an identical or confusingly similar composition as long as proof fails to demonstrate bad faith. While registration confers distinctiveness, trademarks on the lower rung acquire this virtue over time. Trademarks […]

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Common Word Trademarks Owned by Major Brand Complainants: How Protectable?

Common word trademarks, PRICELESS for example, are no less common for being owned by a major brand complainant and no more protectable from others using identical or confusingly similar words in their ordinary senses than if they were owned by parties of no market stature. As a complainant’s choice descends the scale, the less protectable […]

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