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Old 11-11-2005, 07:25 PM   #9 (permalink)
Rubber Duck
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Re: Promotional Product Business: What's In A Name?

Quote:
Originally Posted by gpmgroup
Interesting we are working on a generic.info that has recently gained a competitor using the generic.com Being a very generic name we will be in direct competition. I hope this doesn't mean they can they can stop us doing business.

A small point your very good post you didn't mention was plurals some words it is obvious which is the dominant name like pant pants. but what about names like system/systems?
If you can demonstrate usage in a country or state prior to the registration of the other domain, then you may have Trademark Rights whether you have registered a TM or not. TMs on dictionary words are not, however, usually recognised, unless they are used in areas where dictionary definitions are not applicable.

DaddyHalbucks, does, however, have a strong point on the practicality thing, in as much as it is better to avoid legal conflict with wealthy organisations. There is also an issue about how they acquired the name and how recent that registration was. If they have bought a drop they have fewer rights than if they bought it from the original registrant together with Trademark Rights.

Best Regards
Dave Wrixon
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