I beg to differ.
Only FAMOUS marks -- or those registered with bad intent -- have a clear cut
advantage in disputes.
The moving party has to demonstate three things: (1) Valid trademark, (2) Bad
Faith, and (3) No legitamate reason to have it. With that, you can see that
most any non-famous word can be used as a mark in an unrelated class without
conflict. If your guy thinks he can clearly demonstate all three, however,
you're off to the races.
Good luck.
Best, Loren
steve@seasoned-software.com wrote:
> Check out this site:
>
> http://www.domainmagistrate.com/
>
> Registering trademarks owned by others is illegal, and your customer SHOULD
> have a good case. Of course if this is a name or common term, or a PART
> of a trademark, it is a cloudy issue. ALSO, in ABSOLUTELY CUT AND DRY
cases
> such as nissan owner of nissan consulting that did everything before a
company
> called nissan motors existed(CLEARLY he should have won. Nissan Motors
> did NOT have a trademark on this, and he had earlier use, a native tie,
> and usedit in GOOD FAITH(he had a legitimate legal reason to use it, and
> did not compete.).), may STILL be lost or left in limbo. go to
http://nissan.com/
> to see what I mean.
>
> Steve
>
>
>
> >-- Original Message --
> >Date: Tue, 2 Dec 2003 10:23:14 -0800 (PST)
> >From: Bryan Koschmann - GKT <gktnews@gktech.net>
> >To: OpenSRS List <discuss-list@opensrs.org>
> >Subject: domain dispute?
> >
> >
> >Hello,
> >
> >I have a customer who wants a domain. He has his registered trademark,
> and
> >that name is taken by "Domain Deluxe". He has even offered to pay a fair
> >amount of money for it with no response.
> >
> >So, what is the procedure he needs to go through? What are the chances
> of
> >him getting it?
> >
> >Any help would be great!
> >
> >Thanks,
> >
> > Bryan
> >
>
>
>
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