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yahoo recently won over 40 names back but i thought this was stretch of any previosuly known case to simple assert two names, one trademarked, one not were synonomous.
in thier argument
The AV mark, the shorthand version of the AltaVista mark, has been continuously used by Overture and its predecessors-in-interest to identify its Internet-related services since at least as early as December 1998. The AltaVista and AV marks are synonymous...........
and further
This does however not exclude the possibility that such abbreviation / word may also be regarded as a distinctive trademark for non audio visual goods and services. Complainant has used AV together with the AltaVista trademark in such extent that the Panel finds it likely to believe that Complainant has established common law trademark rights to AV as an abbreviation for the famous AltaVista mark.
so say i have a name starting with av... and i put up a pay per clkick search page.
My question for those Trademark/ip attorney's out there..
is a search parking page a legit use of a name, or is it likely to be seen as a bad faith registration.
thanks for any help
Page Howe
www.trademarkip.com
in thier argument
The AV mark, the shorthand version of the AltaVista mark, has been continuously used by Overture and its predecessors-in-interest to identify its Internet-related services since at least as early as December 1998. The AltaVista and AV marks are synonymous...........
and further
This does however not exclude the possibility that such abbreviation / word may also be regarded as a distinctive trademark for non audio visual goods and services. Complainant has used AV together with the AltaVista trademark in such extent that the Panel finds it likely to believe that Complainant has established common law trademark rights to AV as an abbreviation for the famous AltaVista mark.
so say i have a name starting with av... and i put up a pay per clkick search page.
My question for those Trademark/ip attorney's out there..
is a search parking page a legit use of a name, or is it likely to be seen as a bad faith registration.
thanks for any help
Page Howe
www.trademarkip.com