Manwin No trademark?

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  • Radishdreams
    Registered User
    • Aug 2011
    • 73
    #1

    Manwin No trademark?

    Howdy folks!!

    So after hearing some stories about the all mighty Manwin and their trouble with getting a trademark and some Asian chick with the domain "Manwin.co", i looked into it a little more.

    Apparently the company never registered for a trademark. But weren't they the ones buying up web properties and aren't they SEO masters of the universe?

    Well this chick has a blog and she blogged about the issue she is having with Manwin attorneys and it looks like its getting nice and juicy. Here are the facts i saw....

    * Manwin never owned a trademark before this chick regged the domain.
    * Her blog doesnt have anything to do with porn and quite the opposite.
    * Manwin is trying to strong arm the poor chick into folding and giving up the domain.

    From what i have seen, domain owners who usually win domain disputes are usually ones who owned the domain before any trademark. Manwin is also mainly known by mostly the adult entertainment industry so its not like their famous for much else.

    Do you guys think Manwin will use its big strong porn powers to psych this chick out of her blog?
    Tags: domain, manwin, trademark
    • seeandsee
      Check SIG!
      • Mar 2006
      • 50945
      #2
      Who are you?
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        Comment

        • Frosty
          Confirmed User
          • Jun 2011
          • 130
          #3
          - Private whois
          - Domain registered in 2011
          - A GIRL???
          - Blogging about random stuff on a 'Manwin' domain?

          Yeah, right. It's just some webmaster who hates Manwin.
          suicidalmedia at gmail dot com

            Comment

            • Radishdreams
              Registered User
              • Aug 2011
              • 73
              #4
              Originally posted by seeandsee
              Who are you?
              The names Radish my good chum. Starting my own tube with a couple buds and i've been following this place for a while. Its like the goldmine. Who... r you?

                Comment

                • Radishdreams
                  Registered User
                  • Aug 2011
                  • 73
                  #5
                  Originally posted by Frosty
                  - Private whois
                  - Domain registered in 2011
                  - A GIRL???
                  - Blogging about random stuff on a 'Manwin' domain?

                  Yeah, right. It's just some webmaster who hates Manwin.
                  Why would they hate Manwin? Their doing what they need to do to be the best. Why hate greatness?

                    Comment

                    • spazlabz
                      Confirmed User
                      • Jul 2003
                      • 6548
                      #6
                      The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.

                        Comment

                        • Radishdreams
                          Registered User
                          • Aug 2011
                          • 73
                          #7
                          Originally posted by spazlabz
                          The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.
                          Contacted you? who is she? is she for real?

                            Comment

                            • alias
                              aliasx
                              • Apr 2001
                              • 19010
                              #8
                              She's fucked.

                              Not saying it's fair but good luck.
                              https://porncorporation.com

                                Comment

                                • Domain Diva
                                  Too lazy to set a custom title
                                  • Oct 2007
                                  • 10180
                                  #9
                                  In my view ,If handled correctly it would be very unlikely Manwin would be able to take this domain based on the facts above.

                                  Its not uncommon for large corps to try and obtain domains they want in this way.

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                                    Comment

                                    • ThumbLord
                                      Confirmed User
                                      • Jan 2009
                                      • 1932
                                      #10
                                      what Domain Diva stated but the "if handled correctly" is the key IMHO
                                      We Sell Domains | ThumbLords | ICQ 128106905 | TubeLords | Traffic Holder | eRoken

                                        Comment

                                        • signupdamnit
                                          Confirmed User
                                          • Aug 2007
                                          • 6697
                                          #11
                                          If she really is who she says she is then she could turn this into a PR debacle for Manwin. Most normal people would just let the domain go at this point. If not for nothing then for a few thousand. Because of this I have my doubts as to whether she is who she says but I guess we will see.

                                          You don't like my posts? Put me on ignore or fuck right off. I'll say what I want.

                                            Comment

                                            • porno jew
                                              Too lazy to set a custom title
                                              • Nov 2006
                                              • 10166
                                              #12
                                              sounds like bullshit.

                                                Comment

                                                • Sly
                                                  Let's do some business!
                                                  • Sep 2004
                                                  • 31376
                                                  #13
                                                  I don't really see how a random person would be willing to fight lawyers over a new domain that doesn't really mean much to them. Unless her last name is Manwin and she is stubborn as all hell, it just doesn't make much sense.
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                                                    Comment

                                                    • scuba steve
                                                      Confirmed User
                                                      • Oct 2008
                                                      • 1888
                                                      #14
                                                      Originally posted by Sly
                                                      I don't really see how a random person would be willing to fight lawyers over a new domain that doesn't really mean much to them. Unless her last name is Manwin and she is stubborn as all hell, it just doesn't make much sense.
                                                      agreed, i'm sure there was a good amount of money offered too....

                                                        Comment

                                                        • woj
                                                          <&(©¿©)&>
                                                          • Jul 2002
                                                          • 47882
                                                          #15
                                                          obviously some webmaster is fucking with them...
                                                          Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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                                                            • woj
                                                              <&(©¿©)&>
                                                              • Jul 2002
                                                              • 47882
                                                              #16
                                                              Originally posted by scuba steve
                                                              agreed, i'm sure there was a good amount of money offered too....
                                                              doubt it, they don't really need or want that domain... I bet you all that happened so far is the inhouse lawyer sent a threatening letter to "her" to transfer over the domain...
                                                              Last edited by woj; 08-18-2011, 08:58 AM.
                                                              Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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                                                                • porno jew
                                                                  Too lazy to set a custom title
                                                                  • Nov 2006
                                                                  • 10166
                                                                  #17
                                                                  there are bots that just send them out automatically. i replied to a few myself and didn't seem like there was anyone there to respond.

                                                                    Comment

                                                                    • Radishdreams
                                                                      Registered User
                                                                      • Aug 2011
                                                                      • 73
                                                                      #18
                                                                      Originally posted by alias
                                                                      She's fucked.

                                                                      Not saying it's fair but good luck.
                                                                      Funny bro. I think she has a shot at winning any case they give her. From what i been hearing today, they offered her 3000 bucks and then 5000 bucks. She is still refusing to sell so maybe money is not a problem for her.

                                                                      Rad!!!

                                                                        Comment

                                                                        • porno jew
                                                                          Too lazy to set a custom title
                                                                          • Nov 2006
                                                                          • 10166
                                                                          #19
                                                                          take the 5 grand who cares ....?

                                                                            Comment

                                                                            • Radishdreams
                                                                              Registered User
                                                                              • Aug 2011
                                                                              • 73
                                                                              #20
                                                                              Originally posted by porno jew
                                                                              take the 5 grand who cares ....?
                                                                              I think we all might have folded at 3k easy. If it did not mean much to us.

                                                                                Comment

                                                                                • Captain Kawaii
                                                                                  So Fucking Banned
                                                                                  • Oct 2007
                                                                                  • 6748
                                                                                  #21
                                                                                  Originally posted by spazlabz
                                                                                  The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.
                                                                                  If she takes her case to Chinese hackers, i.e., mainland public, Manwin will have their hands full for a long time.

                                                                                    Comment

                                                                                    • L-Pink
                                                                                      working on my tan
                                                                                      • Mar 2005
                                                                                      • 39151
                                                                                      #22
                                                                                      Originally posted by Captain Kawaii
                                                                                      If she takes her case to Chinese hackers, i.e., mainland public, Manwin will have their hands full for a long time.
                                                                                      nice thought.

                                                                                        Comment

                                                                                        • Radishdreams
                                                                                          Registered User
                                                                                          • Aug 2011
                                                                                          • 73
                                                                                          #23
                                                                                          I dont think Mawin think about things like that. If they plan to be the Gods of the industry then they better shape up and get their domains out of the hands of regular folk.

                                                                                            Comment

                                                                                            • Frosty
                                                                                              Confirmed User
                                                                                              • Jun 2011
                                                                                              • 130
                                                                                              #24
                                                                                              @Radishdreams
                                                                                              Why would anyone care about a .co domain? Seriously? Are you one of those guys who are looking for a quick profit by trying to extort money from big companies? You certainly do look like one, especially because you seem to be very interested in this subject.
                                                                                              suicidalmedia at gmail dot com

                                                                                                Comment

                                                                                                • The Porn Nerd
                                                                                                  Living The Dream
                                                                                                  • Jun 2009
                                                                                                  • 19787
                                                                                                  #25
                                                                                                  Who....
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                                                                                                    • Radishdreams
                                                                                                      Registered User
                                                                                                      • Aug 2011
                                                                                                      • 73
                                                                                                      #26
                                                                                                      Originally posted by Frosty
                                                                                                      @Radishdreams
                                                                                                      Why would anyone care about a .co domain? Seriously? Are you one of those guys who are looking for a quick profit by trying to extort money from big companies? You certainly do look like one, especially because you seem to be very interested in this subject.
                                                                                                      Frosty,
                                                                                                      Is this where someone brings a case to people attention and suddenly gets the blame of being the one in the story that's being passed around. If this how you get your kicks daily by starting fires haha?

                                                                                                      Well as we know Manwin is a big player int he Adult game and i found it interesting how they buy up so much property and assets yet fail to protect their own. Yes i do find this pretty darn funny partner and ironic.

                                                                                                      anything else?

                                                                                                      Rad!!!

                                                                                                        Comment

                                                                                                        • Radishdreams
                                                                                                          Registered User
                                                                                                          • Aug 2011
                                                                                                          • 73
                                                                                                          #27
                                                                                                          Originally posted by MisterPeabody
                                                                                                          Who....
                                                                                                          fucking........................................... ........


                                                                                                          cares?
                                                                                                          If you didn't i don't think you would be here crying about who cares or not. What are you 10? Curious!!

                                                                                                          Rad!!!

                                                                                                            Comment

                                                                                                            • V_RocKs
                                                                                                              Damn Right I Kiss Ass!
                                                                                                              • Nov 2003
                                                                                                              • 32449
                                                                                                              #28
                                                                                                              Need to send this to the Christian Science Monitor!

                                                                                                                Comment

                                                                                                                • porno jew
                                                                                                                  Too lazy to set a custom title
                                                                                                                  • Nov 2006
                                                                                                                  • 10166
                                                                                                                  #29
                                                                                                                  fake nick sounds familiar.

                                                                                                                    Comment

                                                                                                                    • Radishdreams
                                                                                                                      Registered User
                                                                                                                      • Aug 2011
                                                                                                                      • 73
                                                                                                                      #30
                                                                                                                      Originally posted by V_RocKs
                                                                                                                      Need to send this to the Christian Science Monitor!
                                                                                                                      If you want!

                                                                                                                      Rad!!!

                                                                                                                        Comment

                                                                                                                        • cooldude7
                                                                                                                          Confirmed User
                                                                                                                          • Nov 2009
                                                                                                                          • 4306
                                                                                                                          #31
                                                                                                                          either manwin will win the domain or they will buy it, no matter what, cheers.

                                                                                                                            Comment

                                                                                                                            • Frosty
                                                                                                                              Confirmed User
                                                                                                                              • Jun 2011
                                                                                                                              • 130
                                                                                                                              #32
                                                                                                                              Originally posted by Radishdreams
                                                                                                                              Frosty,
                                                                                                                              Is this where someone brings a case to people attention and suddenly gets the blame of being the one in the story that's being passed around. If this how you get your kicks daily by starting fires haha?

                                                                                                                              Well as we know Manwin is a big player int he Adult game and i found it interesting how they buy up so much property and assets yet fail to protect their own. Yes i do find this pretty darn funny partner and ironic.

                                                                                                                              anything else?

                                                                                                                              Rad!!!
                                                                                                                              I'm not accusing you, I simply said that it's interesting how you registered just to post about Manwin and their case with that blogger, that's all.
                                                                                                                              suicidalmedia at gmail dot com

                                                                                                                                Comment

                                                                                                                                • Radishdreams
                                                                                                                                  Registered User
                                                                                                                                  • Aug 2011
                                                                                                                                  • 73
                                                                                                                                  #33
                                                                                                                                  Originally posted by cooldude7
                                                                                                                                  either manwin will win the domain or they will buy it, no matter what, cheers.
                                                                                                                                  Well they already offered 5k and its still not sold so like i said if money is not a factor for the owner, it might go to court.

                                                                                                                                  Another thing im seeing is, Manwin must know that they are in no position to win any legal shit since its already offering 5k for the name. Not sure what they are thinking.


                                                                                                                                  Rad!!!

                                                                                                                                    Comment

                                                                                                                                    • Radishdreams
                                                                                                                                      Registered User
                                                                                                                                      • Aug 2011
                                                                                                                                      • 73
                                                                                                                                      #34
                                                                                                                                      Originally posted by Frosty
                                                                                                                                      I'm not accusing you, I simply said that it's interesting how you registered just to post about Manwin and their case with that blogger, that's all.
                                                                                                                                      Since you are not aware of my background or future plans, i will leave you with your speculations Frosty. I am sure in the future you will apologize when you realize who i really am!

                                                                                                                                      Rad!!!

                                                                                                                                        Comment

                                                                                                                                        • Radishdreams
                                                                                                                                          Registered User
                                                                                                                                          • Aug 2011
                                                                                                                                          • 73
                                                                                                                                          #35
                                                                                                                                          Originally posted by porno jew
                                                                                                                                          fake nick sounds familiar.
                                                                                                                                          Try a bit of ENGLISH Mate!

                                                                                                                                          Rad!!!

                                                                                                                                            Comment

                                                                                                                                            • LuckyMax
                                                                                                                                              Registered User
                                                                                                                                              • Apr 2006
                                                                                                                                              • 55
                                                                                                                                              #36
                                                                                                                                              She also contacted me. Seems like a really down to earth girl. I doubt she will sell. She seems to have a good plan in mind.

                                                                                                                                              Radish, seems like your the only one who haven't been contacted yet... ;)

                                                                                                                                                Comment

                                                                                                                                                • Kenny B!
                                                                                                                                                  Confirmed Abuser
                                                                                                                                                  • Jun 2003
                                                                                                                                                  • 5718
                                                                                                                                                  #37
                                                                                                                                                  As someone who has been in multiple domain disputes all the lawyers and all the kings men won't matter when it comes to an ICAAN domain dispute. Arbitrators look for a few key factors to see if a trademark is being infringed upon then make a decision.

                                                                                                                                                  It's very cut and dry when it comes to these things from my experience.
                                                                                                                                                  Kenny -at- YourPaysitePartner.com
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                                                                                                                                                    • Radishdreams
                                                                                                                                                      Registered User
                                                                                                                                                      • Aug 2011
                                                                                                                                                      • 73
                                                                                                                                                      #38
                                                                                                                                                      Originally posted by LuckyMax
                                                                                                                                                      She also contacted me. Seems like a really down to earth girl. I doubt she will sell. She seems to have a good plan in mind.

                                                                                                                                                      Radish, seems like your the only one who haven't been contacted yet... ;)
                                                                                                                                                      Yes and im a bit pissed at that but i heard word of this and since i got my account approved today i thought hey lets share this juicyness. I find it intriguing as a ex journalist now webmaster that such a big company let something like a trademark and then multiple domains. Manwin.net is even for sale. look at the page. Silly situation when you think of all they have been doing.

                                                                                                                                                      LuckyMax, could you send me her contact info if thats ok with her.


                                                                                                                                                      Rad!!!

                                                                                                                                                        Comment

                                                                                                                                                        • cooldude7
                                                                                                                                                          Confirmed User
                                                                                                                                                          • Nov 2009
                                                                                                                                                          • 4306
                                                                                                                                                          #39
                                                                                                                                                          Originally posted by Radishdreams
                                                                                                                                                          Well they already offered 5k and its still not sold so like i said if money is not a factor for the owner, it might go to court.

                                                                                                                                                          Another thing im seeing is, Manwin must know that they are in no position to win any legal shit since its already offering 5k for the name. Not sure what they are thinking.


                                                                                                                                                          Rad!!!
                                                                                                                                                          lol then the current owner must thinking of pulling few millions out of it. :P

                                                                                                                                                            Comment

                                                                                                                                                            • Radishdreams
                                                                                                                                                              Registered User
                                                                                                                                                              • Aug 2011
                                                                                                                                                              • 73
                                                                                                                                                              #40
                                                                                                                                                              Originally posted by cooldude7
                                                                                                                                                              lol then the current owner must thinking of pulling few millions out of it. :P
                                                                                                                                                              If she is thinking that and she does get it I guess that would show how serious Manwin was about their business! Hope she doesn't get her hopes up though. Just saying!

                                                                                                                                                              Rad!!!

                                                                                                                                                                Comment

                                                                                                                                                                • baddog
                                                                                                                                                                  So Fucking Banned
                                                                                                                                                                  • Apr 2001
                                                                                                                                                                  • 107089
                                                                                                                                                                  #41
                                                                                                                                                                  She should tell them to GFY. She does not have to give it up.

                                                                                                                                                                    Comment

                                                                                                                                                                    • SallyRand
                                                                                                                                                                      So Fucking Banned
                                                                                                                                                                      • Jan 2008
                                                                                                                                                                      • 3487
                                                                                                                                                                      #42
                                                                                                                                                                      Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

                                                                                                                                                                      "Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

                                                                                                                                                                      The single-word term itself cannot be trademarked.

                                                                                                                                                                      I have told "Someone" to go pound sand in their ass.

                                                                                                                                                                        Comment

                                                                                                                                                                        • cooldude7
                                                                                                                                                                          Confirmed User
                                                                                                                                                                          • Nov 2009
                                                                                                                                                                          • 4306
                                                                                                                                                                          #43
                                                                                                                                                                          Originally posted by SallyRand
                                                                                                                                                                          Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

                                                                                                                                                                          "Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

                                                                                                                                                                          The single-word term itself cannot be trademarked.

                                                                                                                                                                          I have told "Someone" to go pound sand in their ass.
                                                                                                                                                                          tell them to gfy, they dont own internet.

                                                                                                                                                                            Comment

                                                                                                                                                                            • BlackCrayon
                                                                                                                                                                              Too lazy to set a custom title
                                                                                                                                                                              • Jun 2003
                                                                                                                                                                              • 19634
                                                                                                                                                                              #44
                                                                                                                                                                              .co is squatter heaven.
                                                                                                                                                                              you don't know you're wearing a leash if you sit by the peg all day..

                                                                                                                                                                                Comment

                                                                                                                                                                                • Radishdreams
                                                                                                                                                                                  Registered User
                                                                                                                                                                                  • Aug 2011
                                                                                                                                                                                  • 73
                                                                                                                                                                                  #45
                                                                                                                                                                                  Originally posted by cooldude7
                                                                                                                                                                                  tell them to gfy, they dont own internet.
                                                                                                                                                                                  Agreed!!

                                                                                                                                                                                  Rad!!!

                                                                                                                                                                                    Comment

                                                                                                                                                                                    • PornMD
                                                                                                                                                                                      Mainstream Businessman
                                                                                                                                                                                      • Jan 2007
                                                                                                                                                                                      • 9291
                                                                                                                                                                                      #46
                                                                                                                                                                                      I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

                                                                                                                                                                                      So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

                                                                                                                                                                                      FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.
                                                                                                                                                                                      Last edited by PornMD; 08-18-2011, 11:37 AM.
                                                                                                                                                                                      Want to crush it in mainstream with Facebook ads? Hit me up.

                                                                                                                                                                                        Comment

                                                                                                                                                                                        • Radishdreams
                                                                                                                                                                                          Registered User
                                                                                                                                                                                          • Aug 2011
                                                                                                                                                                                          • 73
                                                                                                                                                                                          #47
                                                                                                                                                                                          Originally posted by BlackCrayon
                                                                                                                                                                                          .co is squatter heaven.
                                                                                                                                                                                          Very true. also have to consider use and whether the complainant actually has a trademark or just talking from the rear.

                                                                                                                                                                                            Comment

                                                                                                                                                                                            • Radishdreams
                                                                                                                                                                                              Registered User
                                                                                                                                                                                              • Aug 2011
                                                                                                                                                                                              • 73
                                                                                                                                                                                              #48
                                                                                                                                                                                              Originally posted by PornMD
                                                                                                                                                                                              I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

                                                                                                                                                                                              So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

                                                                                                                                                                                              FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.
                                                                                                                                                                                              You make some good points there. Let me as you this though. does common law rights matter in regards to geographical locations and also does it prove all three things in a UDRP case (Confusingly similar, Legitimate use, and bad faith) or just one?

                                                                                                                                                                                                Comment

                                                                                                                                                                                                • SallyRand
                                                                                                                                                                                                  So Fucking Banned
                                                                                                                                                                                                  • Jan 2008
                                                                                                                                                                                                  • 3487
                                                                                                                                                                                                  #49
                                                                                                                                                                                                  Originally posted by PornMD
                                                                                                                                                                                                  I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

                                                                                                                                                                                                  So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

                                                                                                                                                                                                  FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.
                                                                                                                                                                                                  From the USPTO:

                                                                                                                                                                                                  http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712

                                                                                                                                                                                                  "What are ?common law? rights?

                                                                                                                                                                                                  Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application."

                                                                                                                                                                                                  "May" means "may or may not" in this instance.

                                                                                                                                                                                                  P

                                                                                                                                                                                                    Comment

                                                                                                                                                                                                    • Barry-xlovecam
                                                                                                                                                                                                      It's 42
                                                                                                                                                                                                      • Jun 2010
                                                                                                                                                                                                      • 18083
                                                                                                                                                                                                      #50
                                                                                                                                                                                                      The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. See Commerce Clause. The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127. If a mark is not in use in commerce at the time the application for registration is filed, registration may still be permitted if the applicant establishes, in writing, a good faith intent to use the mark in commerce at a future date. See 15 U.S.C. § 1051. Both at common law and under traditional Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce.

                                                                                                                                                                                                      US trademark law "at common law and under traditional Lanham Act"

                                                                                                                                                                                                        Comment

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