30 Aug '13, 4pm

For The Limited, "The" comes back to haunt it in another domain case

The brand is The Limited, not Limited. There were many reasons that new TLD applicant Donuts prevailed in a legal rights objection filed by fashion retailer Limited over .limited. One of those was that “The” is a big part of the The Limited brand. “The Limited” does not equal “Limited”. This topic has come up again in a UDRP that Limited Stores filed against the owner of LimitedCoupon.com. In determining if LimitedCoupon.com is confusingly similar to a mark in which Limited Stores has rights, the panel wrote: The Complainant contends that the word “limited” is the dominant element of its trade mark. While the Panel accepts that it is a dominant element, the presence of the definite article is, for the Panel, an important factor in the distinctiveness of the mark. Ultimately, the panel did not rule on confusing similarity because it ruled against Limited Brands on the issue...

Full article: http://domainnamewire.com/2013/08/30/the-limited-domain/

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