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Old 05-30-2006, 10:38 PM   #1 (permalink)
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Self dilution of a TM

I own a domain name that is similar to a TM,d name. I regged the name prior to the TM'd names first use in commerce. I find when I google the name that this company uses the spelling of my name, and not his, in many articles in trade magazines etc.. He has even used misspellings of his own trademark on his own web site.
What could be the legal ramifications of misspelling your own trademark and allowing promotional articles to misspell your trademark.

Could one loose their trademark for this?
Could a respondent in a UDRP show that any confusion in the spelling of the name was perpetrated by the complainant?
At first I thought the misspellings were a mistake. There are so many now I think it is most likely intentional.
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Old 05-30-2006, 10:57 PM   #2 (permalink)
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Re: Self dilution of a TM

Hmmm.. not exactly sure on the legal ramifications of this.. But hey, you have to be loving the extra typeins because of their own silly mistakes.

I cant see any negative impact of this for you.
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