Trademark Holders Beware: Domainers Have Rights

[PalmBeach]

Trademark Holders Beware: First In Time, First In Right Still Has Weight When It Comes to Domain Name Registrations


Owning a trademark, be it common law rights or a trademark registration, does not necessarily entitle a business or individual to the corresponding domain name. A domain name registration of another's trademark or incorporating that trademark into a domain name does not always mean a trademark holder can successfully sue a domain name registrant for cybersquatting. Domain name registration is still on a first come, first served basis. A domain name registration that is first in time confers rights upon that domain name registrant if you are not a cybersquatter whereby a trademark holder can establish rights that predate the domain name registration.

Read Article @ Traverse Legal

 

[companyone]

Article is 6 months old...still some good points.

Peace!
Dan

 

[garyrcanuck]

Thanks for the link Joe, Good read

 

[katherine]

Well said
But the domain registrant still has to make sure the use of the domain will not encroach on the TM (through parking for example). First come, first served is not an absolute rule.
That's how myspace.co.uk was lost.

 

[jberryhill]

That's how myspace.co.uk was lost.

I'm curious to know whom you believe to have "lost".

You do know that the initial DRS decision was overturned on appeal, yes?

 

[DomainBELL]

Interesting article Joe... Thanks for sharing...



oh and companyone - - -
love your little image in your sig.
I just might have to upgrade my membership so I can torment you all with siggypics...

~DomainBELL (Patricia)

 

[katherine]

I'm curious to know whom you believe to have "lost".

You do know that the initial DRS decision was overturned on appeal, yes?

Yes, hence 'was'

But DRS appeals seem to be rare so this case is interesting

http://www.nic.uk/disputes/drs/appeals/

Very few DRS cases are appealed - fewer than 0.01%. A complete list of past appeals is available. In the DRS an appeal is heard by a panel of 3 experts. Information about which experts hear an appeal and how they are chosen is in the experts section.

 

[DNQuest.com]

There are still ways a domain owner can lose the domain. It is not a 100% steadfast arguement, there can be factors. Hint-usage.