Trademark holders prevail in domain fights

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Trademark holders prevail in domain fights


http://www.iht.com/articles/62681.html

 

It does not surpise me that the legal owner of a trademark that someone else has registered has the upper hand in recovering his legal mark. Does this surprise you?

The article does state however

the party that filed the complaint must prove three factors: that the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; that the defendant has no rights or legitimate interest in the name, and that the name has been registered and is being used in bad faith.

which is certainly the burden of proof on the filing party where it belongs.

I did not find anything objectionable in this article, nor was there anything particularly new in my observation.

-t