_Another Q_

[_Yakov_]

Hello.
This question is for lawers.

Guys, suppose someone in US has registered adidas.com in 1994.
Now, in 2003 Adidas Corp wants to get adidas.com trough the court even tho their registered their trade mark in US in 1996.
What chanced does Adidas Corp has?
The domain was tied to a typical parking pagge since it wasn't in use.

Also, what if Adidas had registered their trade mark in US in 1990 ?


Thanks in advance

 

[draqon]

this question is difficult to answer without knowing one simple thing: what did the owners of adidas.com use the domain for in the years since they registered it? The answer to this question makes all the difference in the world.

 

[jberryhilljberryhill is verified member.]

P. Mockapetris. Domain Names - Implementation and Specification. IETF RFC 1035, November 1987.

 

[_Yakov_]

Nothing was on the page and since the was nothing the current registrant decided to park it, so it could generate some $$$.
Anyone has a clear answer? You may use "ifs" if you'd like.

 

[_Yakov_]

I'm sorry some changes need to be made:

Hello.
This question is for lawers.

Guys, suppose someone in US has registered adidas.com in 1994.
Now, in 2003 Adidas Corp wants to get adidas.com trough the court even tho their registered their trade mark in US in 1996.
What chanced does Adidas Corp has?
The domain was tied to a typical parking pagge since it wasn't in use.

Also, what if Adidas had registered their trade mark in US in 1990 ?


Thanks in advance

 

[pljones]

When I look at adidas.com it is owned by the German sports company, so I'm not sure why you are asking since they already own the name.

 

[dtobias]

Just because a trademark wasn't registered until a given year doesn't mean the owner didn't have rights earlier; many countries, including the USA, recognize common law trademark rights if a name is used in commerce.

 

[_Yakov_]

Originally posted by pljones
When I look at adidas.com it is owned by the German sports company, so I'm not sure why you are asking since they already own the name.

I took adidas as an example.