GoFuckYourself.com - Adult Webmaster Forum - View Single Post

Gaybucks · 05-03-2006, 10:34 PM

I concur, however, I would also argue that "digitalinfo" is an awfully generic name, and so the trademark examiner is going to have to be convinced that the mark is non-generic.

Also, keep in mind that *filing* for a trademark is totally different than actually getting one. The US is a "first use" country, meaning whomever is the first to actually use the mark in interstate commerce, and can prove that use, will have first rights to the mark. So if they have filed a mark, but haven't made any use of it, you could challenge their application by filing an objection, claiming that you are also using the name, that you established use at the same time (if you did), and objecting to the mark being issued at all. Some other countries are "first filer" countries, so whomever files first gets the mark, regardless of whether it rightfully belongs to and was used by another company first.

As far as the EU, I also concur that you may run into a UDRP issue.

I'm no lawyer either, just been through a couple of trademark disputes, so your mileage may vary.

05-03-2006, 10:34 PM
Gaybucks Confirmed User Join Date: May 2004 Location: Sacramento, CA Posts: 451	I concur, however, I would also argue that "digitalinfo" is an awfully generic name, and so the trademark examiner is going to have to be convinced that the mark is non-generic. Also, keep in mind that filing for a trademark is totally different than actually getting one. The US is a "first use" country, meaning whomever is the first to actually use the mark in interstate commerce, and can prove that use, will have first rights to the mark. So if they have filed a mark, but haven't made any use of it, you could challenge their application by filing an objection, claiming that you are also using the name, that you established use at the same time (if you did), and objecting to the mark being issued at all. Some other countries are "first filer" countries, so whomever files first gets the mark, regardless of whether it rightfully belongs to and was used by another company first. As far as the EU, I also concur that you may run into a UDRP issue. I'm no lawyer either, just been through a couple of trademark disputes, so your mileage may vary. __________________ Gaybucks.com 100% exclusive American guys - hosted movie galleries - NATS - Boyfunk.com - Boysfeetclub.com - AJsCloset.com- SkylerDeVoss.com ICQ 272-995-402