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Python is asking for the trademark ... | 408 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Python is asking for the trademark ...
Authored by: PJ on Sunday, February 17 2013 @ 07:45 PM EST
Sorry, but domain name disputes are based on ICANN rules which apply all over the world. There is no US domain name law.

I used to do domain name disputes. And it's international. Here's the ICANN info on UDRP rules that all registrars follow. And on this page, you can find the basis for challenging a domain name or defending against a challenge:

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.

When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

As you can see, the info I gave you was correct. Non-use would be an issue, although you can argue you still are making plans to use it in connection with your business. But if there is a business already using the mark, and they can't get their own name because you have it and are just sitting on it to spite them, you will likely lose it.

[ Reply to This | Parent | # ]

  • Python is asking for the trademark ... - Authored by: Anonymous on Monday, February 18 2013 @ 03:57 PM EST
    • Um, - Authored by: cjk fossman on Monday, February 18 2013 @ 05:33 PM EST
      • Um, - Authored by: Anonymous on Tuesday, February 19 2013 @ 09:05 AM EST
        • Um, - Authored by: cjk fossman on Tuesday, February 19 2013 @ 05:55 PM EST
  • Sorry PJ - Authored by: Wol on Monday, February 18 2013 @ 04:03 PM EST
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