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| Philadelphia Lawyer | Okay, how about "show me marijuana"? http://arbiter.wipo.int/domains/deci...2006-0445.html The disputed domain name is <displaydepot.com>
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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| Gold Lifetime Member Last Online: 01-12-2008 06:43 PM iTrader: (2) Join Date: Jul 2006
Posts: 87
DNF$: 284 Location: Connecticut
Country: | Re: Okay, how about "show me marijuana"? Interesting read. I admit I'm kind of surprised they found Point #2 in favor of the Complaintent, but I'm not a lawyer so what do I know . The fact that they were trying to argue that they made a mistake in letting it lapse and that because he registered it TWO YEARS later it was bad faith was laughable. |
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| Philadelphia Lawyer | Re: Okay, how about "show me marijuana"? The finding on point two confuses me as well. They say that the domain name was not descriptive of the goods, and was not competitive with the Complainant's goods. Therefore, the finding should have been that the use by the Respondent was arbitrary, or was actually argued, suggestive, which means that the Respondent had accrued service mark rights in the term. They even mention that the Respondent had been using a distinctive logo on its site. I believe the panel was so focused on "is this a descriptive use?" that they completely missed the point that a suggestive use is capable of functioning as a trade or service mark.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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| Platinum Lifetime Member Name: Dave Zan Last Online: 11-12-2009 09:55 PM iTrader: (1) Join Date: Aug 2004
Posts: 1,663
DNF$: 0 Location: Manila | Re: Okay, how about "show me marijuana"? In a way, this "makes up" for what happened to bocaresorts.com. Another win and another feather for your cap, John, congratulations. ![]()
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