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Register Today on DNForum IT'S FREE!Common law trade or service mark rights are a species of trade or service mark rights. It's not some "other" set of rights.That paragraph has been interpreted in proceedings to include other "rights" such as common law rights although they in fact are not specifically mentioned here.
The first criterion of the UDRP requires that the Complainant demonstrate three things - that the domain name is (1) identical or confusingly similar to (2) a trade or service mark (3) in which the Complainant has rights.
Bottom line, there is no positive duty to look for trademark problems when registering a domain name, and the majority of WIPO UDRP cases dealing with the subject reject constructive notice of registered marks.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
What if an application for a tm occured after the registration of the domain, but the use of the mark was not for profit, until the tm application with USPTO?
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