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Thread: _Another Q_

  1. #1
    _Yakov_
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    _Another Q_

    Hello.
    This question is for lawers.

    Guys, suppose someone in US has registered adidas.com in 1994.
    Now, in 2003 Adidas Corp wants to get adidas.com trough the court even tho their registered their trade mark in US in 1996.
    What chanced does Adidas Corp has?
    The domain was tied to a typical parking pagge since it wasn't in use.

    Also, what if Adidas had registered their trade mark in US in 1990 ?


    Thanks in advance

  2. #2
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    this question is difficult to answer without knowing one simple thing: what did the owners of adidas.com use the domain for in the years since they registered it? The answer to this question makes all the difference in the world.

  3. #3
    Philadelphia Lawyer
    jberryhill's Avatar
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    P. Mockapetris. Domain Names - Implementation and Specification. IETF RFC 1035, November 1987.
    John Berryhill Ph.d., esq.
    John-AT-johnberryhill.com
    Please do not send private messages via dnforum.com, email me directly.

  4. #4
    _Yakov_
    Guest
    Nothing was on the page and since the was nothing the current registrant decided to park it, so it could generate some $$$.
    Anyone has a clear answer? You may use "ifs" if you'd like.

  5. #5
    _Yakov_
    Guest
    I'm sorry some changes need to be made:

    Hello.
    This question is for lawers.

    Guys, suppose someone in US has registered adidas.com in 1994.
    Now, in 2003 Adidas Corp wants to get adidas.com trough the court even tho their registered their trade mark in US in 1996.
    What chanced does Adidas Corp has?
    The domain was tied to a typical parking pagge since it wasn't in use.

    Also, what if Adidas had registered their trade mark in US in 1990 ?


    Thanks in advance

  6. #6
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    When I look at adidas.com it is owned by the German sports company, so I'm not sure why you are asking since they already own the name.

  7. #7
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    Just because a trademark wasn't registered until a given year doesn't mean the owner didn't have rights earlier; many countries, including the USA, recognize common law trademark rights if a name is used in commerce.

  8. #8
    _Yakov_
    Guest
    Originally posted by pljones
    When I look at adidas.com it is owned by the German sports company, so I'm not sure why you are asking since they already own the name.
    I took adidas as an example.

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