28 Sep '15, 2pm

UDRP finds laches and that trademark is also generic

Panelist questions why case was filed 16 years after domain was registered, and notes that the trademark is also generic. When is a trademark also generic? You probably didn’t know that the hardware chain True Value Company has a trademark on the term “Green Thumb”. It has a registered trademark on the term dating to 1987. I always thought the term meant someone who is good with gardening. I’m not alone, either. Apparently, in the same year of True Value’s trademark registration, a dictionary defined the term “green thumb” to mean the same thing. That was a key point in a UDRP that True Value recently filed against the domain name GreenThumbGarden.com. The registrant of the domain name said he registered it because of the generic value of the domain name. The panel, citing the dictionary definition, agreed. It’s interesting that even True Value uses the term “green thumb” ...

Full article: http://domainnamewire.com/2015/09/28/udrp-generic-laches/

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