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| Platinum Lifetime Member Name: Peter Last Online: Today 08:16 PM iTrader: (30) Join Date: Aug 2005
Posts: 1,571
DNF$: 0 Location: Canada
Country: | Question about TM date... So let say I have a ccTLD domain that is the exact same as a .com that is a developed site. The TM for the developed site was filed after I registered the ccTLD, even though the site was developed and online prior to the TM filing. Would there be grounds for them to challenge me and try to get the ccTLD domain? |
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| Platinum Lifetime Member Name: Marc J. Randazza Last Online: 11-16-2009 08:31 PM iTrader: (0) Join Date: Aug 2008
Posts: 262
DNF$: 10 Location: San Diego | There might be. Trademark rights arise from use, not from registration. Of course, their case would be easier if they had registered rights that predated your domain registration. Nevertheless, they could still have common law rights that began accruing when they first used the trademark in commerce. If their common law rights predate your registration of the domain, then they may have you over a barrel. Naturally, it gets more complex than this -- but the bottom line is this: Don't think you have a slam dunk defense just because the date of registration of your domain is earlier than the date they registered their trademark.
__________________ Marc J. Randazza The Legal Satyricon No post should be considered to be legal advice. |
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| Platinum Lifetime Member Name: Peter Last Online: Today 08:16 PM iTrader: (30) Join Date: Aug 2005
Posts: 1,571
DNF$: 0 Location: Canada
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| Platinum Lifetime Member Name: Marc J. Randazza Last Online: 11-16-2009 08:31 PM iTrader: (0) Join Date: Aug 2008
Posts: 262
DNF$: 10 Location: San Diego | Glad to help.
__________________ Marc J. Randazza The Legal Satyricon No post should be considered to be legal advice. |
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