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Re: Domain name and Trademark?

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Posted by M. Arthur Auslander on July 15, 1999 at 05:06:15:

In Reply to: Domain name and Trademark? posted by Bridget Campbell on July 14, 1999 at 20:03:57:

: Hello-

: Can someone please point me to a good resource for domain name issues?

: I am looking specifically for matters relating to domain names that sort of sound like a known movie title
: but are not the movie title, and do not have plagiarized content and really have nothing to do with the movie.

: USPTO seems to come up short on this new branch of trademark law.

: Thank you in advance for your help. In return I shall reward you handsomely.

: Bridget
Movie titles are not protected by copyright. They may be able to be adopted and used as trademarks. A registered trademark may dominate a domain name. There may be common law rights and antidilution rights in movie titles. The decision is probably different for each movie and each domain name and how they are used.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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: : Hello- : : Can someone please point me to a good resource for domain name issues? : : I am looking specifically for matters relating to domain names that sort of sound like a known movie title : : but are not the movie title, and do not have plagiarized content and really have nothing to do with the movie. : : USPTO seems to come up short on this new branch of trademark law. : : Thank you in advance for your help. In return I shall reward you handsomely. : : Bridget : Movie titles are not protected by copyright. They may be able to be adopted and used as trademarks. A registered trademark may dominate a domain name. There may be common law rights and antidilution rights in movie titles. The decision is probably different for each movie and each domain name and how they are used. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Re: Domain name and Trademark?

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This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.