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Domain Name Tag

BananaIP Counsels > Posts tagged "Domain Name"

Domain Names, Email or Private Communication as Proof of Trademark Use

This image reads Evidence in bold red. This post talks about what is admissible as evidence in cases questioning trademarks. Click on the image to read the full post.

This post was first published on 7th July, 2014.   In this post, we will look into whether the mere use of trademark as part of a domain name or as an email id or even as private communication between parties can stand as proof of use of a trademark. Documentary proof is generally submitted to show that an Applicant has been continuously using an impugned mark.  It is an effort for Applicants to show trademark examiners how they use the trademark to represent the source of origin of products and services. In order to consider a document as evidence for the use...

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Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

The image depicts the purple Yahoo logo

First Publication Date: 28th August 2008.   CASE FACTS Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being registered in 69 countries. Yahoo Inc had not registered its domain name in India. Akash Arora started to offer web-based services similar to those offered by Yahoo.com under...

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‘Choo’ Only What You Can

The featured image shows a thief stealing some data. The post is about cybersquatting in general and talks about the case of domain name dispute of Jimmy choo. To read more click here.

Cybersquatting is no stranger to us, considering the increasing number of cybersquatting incidents that have come to light in the recent years.  Cybersquatting is registering, using or selling of a domain name with the intention of benefiting from the name, popularity or goodwill of another’s business, trademark or brand. The Anti-Cybersquatting Consumer Protection Act (ACPA) has been established in the United States to protect the trademark owners from the unlawful actions of cybersquatters. The Act prohibits such practice as registering domain names that either create brand confusion or bear close resemblance to trademarked names with the intention of selling those...

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Use Donald Trump’s name, and ‘You’re fired!’

  The American presidential race has always been interesting, and the present one is no exception. Undoubtedly the most interesting candidate of all is Donald Trump. The highly opinionated, often loud-mouthed star of The Apprentice, who finds it hard to stay away from the spotlight is in the news again. This time Donald Trump is ‘firing’ a politically oriented clothing website which has been using Trump’s trademarked name in its domain name.   The domain name in question, Stoptrump.us, sells t-shirts and other merchandise with slogans like “Donald Is Dumb,” “Stop Trump” and “America Is Already Great”(Trumps campaign slogan is ‘Let's make America...

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