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**DNQuest.com** · 06-08-2006, 10:27 AM

1 - If a product/service is well known, then they have a common law TM. You are confusing registered mark with TM.

2- no answer lol

3 - It has varied. It has been determined that buying an established domain can be considered a NEW registration, hence, the date of transfer is used to determine bad faith registration. The premise being that the buyer knows of the TM and that is why they bought it. It has been sugested that if you buy a domain with TM issues and there is a valid website on that domain, the buyer should have a contract stating they are buying the domain, website and teh goodwill associated with the domain/website.

06-08-2006, 10:27 AM	#2 (permalink)
DNQuest.com DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002 Posts: 1,100 DNF$: 4,735 Location: Columbia, MD	Re: Questions about "the 3 requirements" 1 - If a product/service is well known, then they have a common law TM. You are confusing registered mark with TM. 2- no answer lol 3 - It has varied. It has been determined that buying an established domain can be considered a NEW registration, hence, the date of transfer is used to determine bad faith registration. The premise being that the buyer knows of the TM and that is why they bought it. It has been sugested that if you buy a domain with TM issues and there is a valid website on that domain, the buyer should have a contract stating they are buying the domain, website and teh goodwill associated with the domain/website. __________________ Track emails that you send, PM me to find out how....