19 Aug '16, 1pm

A new Trademark King? Domainers need to watch out.

1. trademark rights accrue through usage in commerce. It’s unclear that these marks listed in the various trademark applications have ever been used. Indeed, why would an applicant advertise someone else’s domain name, to promote someone else’s goods, when a trademark is a “source identifier”? 2. trademarks don’t grant exclusivity over a term (unless they’re strong/famous fanciful marks; not the case here) — they apply to a specific geographic area, for a specific class of goods and service. Statutory damages in the USA for reverse domain name hijacking are up to $100,000. DigiMedia already won such a case against Goforit Entertainment (reported on this very blog in 2011). I think it’ll be interesting to see how many of these domain owners assert RDNH, if provoked, and whether the courts would be inclined to “pierce the corporate veil” here. If the courts were prepared to ...

Full article: http://domainnamewire.com/2016/08/19/new-trademark-king-d...

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