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Register Today on DNForum IT'S FREE!From BNA's Internet Law News (free subscription at http://ecommercecenter.bna.com/ ):
"Thanks to an ILN reader for reporting that a federal court
judge in Virginia has overturned an NAF ICANN UDRP decision
that ordered the transfer of the freebie.com domain. The
judge ruled that panelist Carolyn Marks Johnson incorrectly
found that the domain name holder sought to divert users
from the trademark holder that contested the domain name
registration. Rather, there was no evidence of any customer
confusion or support for a bad faith finding. Case name is
Retail Services Inc. v. Freebies Publishing."
Doesn't surprise me, after having read some of the cases in which Carolyn Marks Johnson has been a panelist.
George Kirikos
Home Page
It's better than just a "win". The judge also ordered the trademark registration to be cancelled.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
The little guys are striking back little by little..
Track emails that you send, PM me to find out how....
Where's that dancing banana avatar when you need it?
That is EXCELLENT news.
I hope the NAF cases currently being decided take note. :^)
"The little guys are striking back little by little.."
Yeah, I guess that's how little guys strike back.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
Fan..tastic!
Sweet as.
This case should be cited by anyone who is being threatened by a person with a weak trademark. Ask the company if they want to go after someone and possibly lose their entire trademark, or leave it alone and not risk losing everything.Originally posted by jberryhill
It's better than just a "win". The judge also ordered the trademark registration to be cancelled.
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