3 ms·

I don't know much about copyright but infringing on something that is not yet in existence and being punished for it in retrospect seems just plain wrong to me.

by pmr_ 15y ago

I don't know much about copyright but infringing on something that is not yet in existence and being punished for it in retrospect seems just plain wrong to me. Is that even possible? What should hinder him from getting the trademark himself? He apparently had the domain long before you had the intention to trademark something so he it would seem legitimate to award it to him.

larrys 15y ago
"What should hinder him from getting the trademark himself" You mean "a" trademark. Nothing. That can be done and it's a good defensive strategy actually.
dangrossman 15y ago
To get and defend a trademark you need to actually use the mark in commerce. Trademark exists for a specific purpose -- to avoid confusion as to the source of a product or service -- not just to sell off words and images for registration fees.
- pmr_ 15y ago
  That makes perfect sense. Does having a domain with a list of links to related pages and ads constitute 'using a mark in commerce'?
  - larrys 15y ago
    Depends on the panelists and the actual page. There are udrp cases where a page of links and a search box has shown use so the claim is denied. But I've also seen cases where this hasn't happened.
- larrys 15y ago
  "To get and defend a trademark you need to actually use the mark in commerce" Actually there is 1b "intent to use" as well as supplemental register and state trademark registration. In varying degrees any of the above (combined with the right specific non-infringing circumstances) can be used to win a UDRP action. As only one example even having just applied for a trademark before being approached by a trademark owner is enough to give you a leg to stand on with many panelists. At that point, if the application is 1b, you don't even have usage. Although you might because maybe you just didn't have your backup materials and decided to put the application in and change at a later date. Now of course all of the above depends on 1) the domain name 2) the other party 3) how famous the mark is among other things.

by pmr_ 15y ago

larrys 15y ago

"What should hinder him from getting the trademark himself" You mean "a" trademark. Nothing. That can be done and it's a good defensive strategy actually.

dangrossman 15y ago

To get and defend a trademark you need to actually use the mark in commerce. Trademark exists for a specific purpose -- to avoid confusion as to the source of a product or service -- not just to sell off words and images for registration fees.

pmr_ 15y ago
That makes perfect sense. Does having a domain with a list of links to related pages and ads constitute 'using a mark in commerce'?
- larrys 15y ago
  Depends on the panelists and the actual page. There are udrp cases where a page of links and a search box has shown use so the claim is denied. But I've also seen cases where this hasn't happened.
larrys 15y ago
"To get and defend a trademark you need to actually use the mark in commerce" Actually there is 1b "intent to use" as well as supplemental register and state trademark registration. In varying degrees any of the above (combined with the right specific non-infringing circumstances) can be used to win a UDRP action. As only one example even having just applied for a trademark before being approached by a trademark owner is enough to give you a leg to stand on with many panelists. At that point, if the application is 1b, you don't even have usage. Although you might because maybe you just didn't have your backup materials and decided to put the application in and change at a later date. Now of course all of the above depends on 1) the domain name 2) the other party 3) how famous the mark is among other things.