I beg to differ. Only FAMOUS marks -- or those registered with bad intent -- have a clear cut advantage in disputes.
The moving party has to demonstate three things: (1) Valid trademark, (2) Bad Faith, and (3) No legitamate reason to have it. With that, you can see that most any non-famous word can be used as a mark in an unrelated class without conflict. If your guy thinks he can clearly demonstate all three, however, you're off to the races. Good luck. Best, Loren [EMAIL PROTECTED] wrote: > Check out this site: > > http://www.domainmagistrate.com/ > > Registering trademarks owned by others is illegal, and your customer SHOULD > have a good case. Of course if this is a name or common term, or a PART > of a trademark, it is a cloudy issue. ALSO, in ABSOLUTELY CUT AND DRY cases > such as nissan owner of nissan consulting that did everything before a company > called nissan motors existed(CLEARLY he should have won. Nissan Motors > did NOT have a trademark on this, and he had earlier use, a native tie, > and usedit in GOOD FAITH(he had a legitimate legal reason to use it, and > did not compete.).), may STILL be lost or left in limbo. go to http://nissan.com/ > to see what I mean. > > Steve > > > > >-- Original Message -- > >Date: Tue, 2 Dec 2003 10:23:14 -0800 (PST) > >From: Bryan Koschmann - GKT <[EMAIL PROTECTED]> > >To: OpenSRS List <[EMAIL PROTECTED]> > >Subject: domain dispute? > > > > > >Hello, > > > >I have a customer who wants a domain. He has his registered trademark, > and > >that name is taken by "Domain Deluxe". He has even offered to pay a fair > >amount of money for it with no response. > > > >So, what is the procedure he needs to go through? What are the chances > of > >him getting it? > > > >Any help would be great! > > > >Thanks, > > > > Bryan > > > > >
