Quote:
Originally Posted by pornlaw
Once a name is used in commerce then common law trademark rights attach. We have a first in use system not a first to register which means that you could be blocked from even getting your trademark.
However there is a recent case that could make a superior rights holder lose those rights to a minor holder --- IF -- the superior rights holder failed a false or misleading application and thus it would be considered a fraud upon the trademark office. -- The case is Medinol - just google it.
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this name has never been used in commerce which is why i thought i even had a chance and it would be worth a fight..
it has been a parked page since reg in 2006.
while i respect the insight of the domain owner, i think they have had more than enough time to develop it...
the question is, would a court agree with my opinion..
i will use the name in commerce immediately, even before i offer the current domain holder an offer to buy the domain if thats the right strategy...
i appreciate the comments thus far.....
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