Re: [ga-udrp] TM not infringed on by registering a domain name
Golly gee thank you for this post! If it is reported right the court still made fundamental errors - these are ussually caused by the relative ability of the lawyers - but it is a great decision that recognizes some fundamental qualities of commerce. I have to say that after reading the whole report I am saddened by lack of understanding by the reporter and/or the court. (Is the mere appending of a toll free number upon a generic descriptive term validation for a trademark anymore, I am quite certain that dotCOM does not do it anymore *could be battle of Titans*) what say you Ms. Cade and Ms. Oppenhiemer? Plumbing ain't trademarkable. Of course I expext no response, too hot! Does the generic term Register become trademarkable with the addition of dotCOM. Thanks NC. Sincerely, NameCritic wrote: Court finds that just registering a domain name does NOT infringe upon the TM of the same or similar name. Only USE of the domain name to compete could be an infringement. Finally somebody gets the point. http://www.pf.com/cgi-bin/om_isapi.dll?clientID=1857285&advquery=%5bGroup%20NEWS2157%5d&infobase=ilr&recordswithhits=on&softpage=ILRNews Chris McElroy aka NameCritic
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