DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars - View Single Post - Trademark First In Use vs. Time domain registered

**cyberlaw** · 12-10-2007, 10:41 PM

As I mentioned, it depends on how the details play out. If Person B used a mark, registered or not, Person A saw Person B using the mark, and Person A attempted to use the domain to profit from a mark in commerce, Person A would likely be out the domain. We don't know all the details, so we can't know for sure a likely result.

Eric
http://www.cyberlawonline.com

12-10-2007, 10:41 PM	#9 (permalink)
cyberlaw DNF Newbie Last Online: 09-22-2008 05:37 PM iTrader: (0) Join Date: Aug 2007 Posts: 63 DNF$: 256 Location: Washington, DC Country:	As I mentioned, it depends on how the details play out. If Person B used a mark, registered or not, Person A saw Person B using the mark, and Person A attempted to use the domain to profit from a mark in commerce, Person A would likely be out the domain. We don't know all the details, so we can't know for sure a likely result. Eric http://www.cyberlawonline.com __________________ Eric Menhart - CyberLaw P.C. http://www.cyberlaw.pro Remember: Any comments are "general" in nature, and should not be relied upon as legal advice.