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   Author  Topic: domain owndership/legal rights  (Read 3649 times)
DJoshEsq
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Re: domain owndership/legal rights
« Reply #5 on: Dec 12th, 2007, 11:54am »
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Well it isnt a simple question, hence why those of us that specialize in this area.  
 
As a preliminary matter, no she may not have any trademark protection whatsoever.
 
A number of questions must be answered including whether the name (mark) is being used in a trademark sense (as a source identifier), whether mark is protectable, and whether the mark is being used in interstate commerce...
 
If the mark is protectable and is being used as a source identifier in commerce, then there is common law (limited) trademark protection. However, the scope of those rights is limited by a number of things, including strength of mark and other users and uses (even confusingly similar uses. As one example, federal trademark protection is constructive notice in the entire U.S. Thusn another user that may have used first in a small geographic region s prohibited or at least severely limited in expanding into other regions.
IP Logged

D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
DJoshEsq
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Re: domain owndership/legal rights
« Reply #6 on: Dec 12th, 2007, 11:57am »
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sorry for typos i am limited by my pda today
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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