Quote:
Originally Posted by AdultKing
They don't have a registered trademark but it is still a common law trademark via which they have established brand and reputation - more than enough for a UDRP to succeed.
This domain is worthless because Mindgeek can take it at any time they choose.
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I understand your disposition, however, I disagree. Yes, they may have common law trademark, but the establishment of " XTUBE ", given its comparatively common name (which is speculation of why the trademark application was unsuccessful) as well as its virtual being, as opposed to something unique such as Microsoft, Tonka, Wal-Mart, Cover Girl, and et al; the
common law defense would stand futile in a challenge against a registration or application in court.
In addition, without a federal trademark, the registrant (XTUBE) virtually cannot bring an action concerning the trademark in federal court (via the Federal Trade Commission) to have my domain seized. You speak as if Mindgeek can just go around snatching up domains at will. Yes, they have a large stake in the porno industry, but there exists regulations. I'm pretty sure monopolies are illegal.