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Registering Trademark With Knowledge that Corresponding Domain Name is Taken

There is not an available, corresponding domain name for every trademark so it would seem prudential for a party before it becomes invested in what it regards as a desirable moniker to research the Whois database before filing its trademark application. The domain name should be purchased before application to avoid the frustration of learning […]

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No Standing for “Intent to Use” Applications

Complainants cannot claim standing for intent to use applications since the first use in commerce is prospective. This applies to both the UDRP and the ACPA. While trademark registration on the Principal Register is prima facie proof of validity and some consideration is given to registrations on the Supplemental Register on proof of acquired distinctiveness, […]

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