Trademark Holders Beware: Domainers Have Rights - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**PalmBeach** · 05-18-2008, 05:37 PM

Trademark Holders Beware: First In Time, First In Right Still Has Weight When It Comes to Domain Name Registrations

Owning a trademark, be it common law rights or a trademark registration, does not necessarily entitle a business or individual to the corresponding domain name. A domain name registration of another's trademark or incorporating that trademark into a domain name does not always mean a trademark holder can successfully sue a domain name registrant for cybersquatting. Domain name registration is still on a first come, first served basis. A domain name registration that is first in time confers rights upon that domain name registrant if you are not a cybersquatter whereby a trademark holder can establish rights that predate the domain name registration.

Read Article @ Traverse Legal

**companyone** · 05-18-2008, 07:22 PM

Article is 6 months old...still some good points.

Peace!
Dan

**garyrcanuck** · 05-18-2008, 11:24 PM

Thanks for the link Joe, Good read

**sdsinc** · 05-19-2008, 08:30 AM

Well said

But the domain registrant still has to make sure the use of the domain will not encroach on the TM (through parking for example). First come, first served is not an absolute rule.
That's how myspace.co.uk was lost.

**jberryhill** · 05-20-2008, 05:46 PM

Quote:

That's how myspace.co.uk was lost.

I'm curious to know whom you believe to have "lost".

You do know that the initial DRS decision was overturned on appeal, yes?

**DomainBELL** · 05-20-2008, 06:01 PM

Interesting article Joe... Thanks for sharing...

oh and companyone - - -
love your little image in your sig.
I just might have to upgrade my membership so I can torment you all with siggypics...

~DomainBELL (Patricia)

**sdsinc** · 05-20-2008, 06:09 PM

Quote:

Originally Posted by jberryhill

I'm curious to know whom you believe to have "lost".

You do know that the initial DRS decision was overturned on appeal, yes?

Yes, hence 'was'

But DRS appeals seem to be rare so this case is interesting

http://www.nic.uk/disputes/drs/appeals/

Quote:

Very few DRS cases are appealed - fewer than 0.01%. A complete list of past appeals is available. In the DRS an appeal is heard by a panel of 3 experts. Information about which experts hear an appeal and how they are chosen is in the experts section.

**DNQuest.com** · 05-21-2008, 12:41 PM

There are still ways a domain owner can lose the domain. It is not a 100% steadfast arguement, there can be factors. Hint-usage.

05-18-2008, 05:37 PM	#1 (permalink)
PalmBeach Platinum Lifetime Member Name: Joe Santisi Last Online: 06-02-2009 12:31 PM iTrader: (0) Join Date: Jul 2007 Posts: 91 DNF$: 100 Location: West Palm Beach FL Country:	Trademark Holders Beware: Domainers Have Rights Trademark Holders Beware: First In Time, First In Right Still Has Weight When It Comes to Domain Name Registrations Owning a trademark, be it common law rights or a trademark registration, does not necessarily entitle a business or individual to the corresponding domain name. A domain name registration of another's trademark or incorporating that trademark into a domain name does not always mean a trademark holder can successfully sue a domain name registrant for cybersquatting. Domain name registration is still on a first come, first served basis. A domain name registration that is first in time confers rights upon that domain name registrant if you are not a cybersquatter whereby a trademark holder can establish rights that predate the domain name registration. Read Article @ Traverse Legal

05-18-2008, 07:22 PM	#2 (permalink)
companyone DNF Regular Name: Dan Last Online: Yesterday 05:18 PM iTrader: (31) Join Date: Jan 2004 Posts: 1,148 DNF$: 1,718 Location: Ca. USA Country:	Article is 6 months old...still some good points. Peace! Dan __________________ Internet Protocol Television ~~ Private Labeled Reseller Web Hosting Special From The New KIOSK Network

05-18-2008, 11:24 PM	#3 (permalink)
garyrcanuck Exclusive Lifetime Member Name: Gary R Campbell Last Online: 11-15-2009 09:30 PM iTrader: (28) Join Date: Jul 2006 Posts: 478 DNF$: 744 Location: VancouverIsland Country:	Thanks for the link Joe, Good read __________________ OnlyPremiumDomains.com,CollateralDomains.com,DNDom ainers.com,PandemicH1N1.org,WoodPellet.ca,VirusH1N 1.ca

05-19-2008, 08:30 AM	#4 (permalink)
sdsinc Missing in action Name: Kate Last Online: Today 04:42 PM iTrader: (41) Join Date: Jul 2005 Posts: 4,679 DNF$: 28,133 Location: .cz Country:	Well said But the domain registrant still has to make sure the use of the domain will not encroach on the TM (through parking for example). First come, first served is not an absolute rule. That's how myspace.co.uk was lost. __________________ VeryOldNames.com

05-20-2008, 06:01 PM	#6 (permalink)
DomainBELL DomainBELL.com Name: Patricia Last Online: 11-21-2009 05:24 AM iTrader: (6) Join Date: Dec 2005 Posts: 596 DNF$: 6,460 Location: ohio Country:	Interesting article Joe... Thanks for sharing... oh and companyone - - - love your little image in your sig. I just might have to upgrade my membership so I can torment you all with siggypics... ~DomainBELL (Patricia) __________________ VeryFastCASH.com -- OFFERS Considered... Sales Report -- DomainBELL.com -- Reseller Pricing Possible - on SOME of my Names...

05-21-2008, 12:41 PM	#8 (permalink)
DNQuest.com DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002 Posts: 1,100 DNF$: 4,835 Location: Columbia, MD	There are still ways a domain owner can lose the domain. It is not a 100% steadfast arguement, there can be factors. Hint-usage. __________________ Track emails that you send, PM me to find out how....

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