Insights & Tips
According to the most recent regulatory framework, the Internet Corporation for Assigned Names and Numbers (“ICANN”) has established a uniform domain name dispute resolution policy that is applicable to all registrars of .com, .net and .org domain name …
Congress enacted the Anti-Cybersquatting Consumer Protection Act which prohibits certain types of cybersquatting. The statute amended the Lanham Act to make it a type of trademark infringement if a domain name containing a distinctive or famous tradema …
Cybersquatting is a broad term used in the trademark and internet communities to describe the bad faith registration of domain names. Cybersquatting encompasses registration of domain names containing trademarks, either to sell back to the trademark ow …
In the United States, mere registration of a domain name does not constitute use of the domain name as a trademark. Accordingly, the courts have found that mere registration of a domain name, with no other act, does not constitute trademark infringemen …
No. It is true that an internet site may be accessed through the domain name by internet users anywhere in the world. Courts in the United States have ruled that mere registration of a domain does not constitute use of the domain name as a trademark. T …
A particularly egregious form of trademark infringement is called counterfeiting. Counterfeiting consists of the use of a substantially identical copy of a registered trademark on the same goods or services for which the original mark is registered. Th …
Section 43(c) of the Lanham Act defines three defenses to a claim of dilution under the federal statute: comparative advertising, noncommercial use, and news reporting and commentary. The comparative advertising defense is conditioned on the challenged …
Trademark dilution is the use of a mark or trade name in a way that dilutes the distinctive quality of a famous mark. Unlike traditional infringement claims, to establish a claim for dilution, the owner of a famous mark does not need to demonstrate tha …
Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Seriously, unfair competition is the creation of a false impression as to the source, origin, sponsorship or endorseme …
The key issue in determining infringement is whether there is a likelihood of confusion caused by the alleged infringer’s use of the owner’s mark (or something similar). The courts look at several factors in assessing likelihood of confusion. The facto …
If at any time after a mark has been registered, a third party believes that the registration is statutorily invalid, that party may file a petition for cancellation of the registration. Cancellation proceedings are similar to oppositions and are also …
All trademark applications that have been approved for registration are published in a weekly Official Gazette. Any party that believes it will be injured by the issuance of a trademark registration may oppose that registration by filing a Notice of Op …
