2 ms·
(I am not a lawyer, etc.) I think the clause he highlights is meant to be read as "We don't know of anyone who is currently using this as a mark and has the so
by jeremymcanally 16y ago
(I am not a lawyer, etc.)
I think the clause he highlights is meant to be read as "We don't know of anyone who is currently using this as a mark and has the sole right to it" not "We don't know of anyone who might use it at some point but currently isn't." That would render most trademarks un-fileable.
Even so, it was sort of a jerk way to get a domain (even though the guy did get paid rather handsomely).
- gojomo 16y agoHow is it a jerk way? Two efforts (at least) came up with the name independently. One team, the one now known as Groupon, put the name into commercial use, immediately acquiring trademark rights under ancient common law. They also then went a prudent step further, and registered the trademark. Another guy registered the domain earlier. Without lifting a finger to assert a trademark or implement a related business, he got a giant payday. From the details available, everything went as it's supposed to work -- everyone's customary rights were respected, and a mutually beneficial transaction occurred to move the domain asset to its most-productive use.