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Originally Posted by CyberClaire
Yes it does count as commerce...you next statement states it......"The WIPO took away the parked domain because the ads displayed competed against the TM holders"....
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You know what I meant.
Parking does not count as legitamate use in commerce that allows you to establish definite usage rights.
Quote:
Originally Posted by CyberClaire
I guess you also know about “reverse domain name hijacking” ..I disagree that its all so simple.....try it and you will find out !
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TM rights are not established by registering a domain and sitting on it. If someone else comes along and establishes a business around the keyword(s) in the domain, you may be at risk of losing the domain. This is not reverse hijacking. It's called time passing the domain owner by, and it has happened many times.
Reverse hijacking is where someone can't obtain a domain, so they register a TM and then run to WIPO with it crying bloody murder with not much else to back it up.
But again, the most important thing is the nature of the domain. How generic or unique is it?