[wg-b] of note

[Judith Oppenheimer <joppenheimer@icbtollfree.com>]

> >---------------
> >I have a domain name that a company really wants.  I told

> >them that I was not going to sell it to them and that I
was
> >going to develop it.  They sent me a nasty EMAIL saying
that
> >they have applied for a trademark on my domain name.  I
> >looked in the trademark database, and sure enough, there
is
> >an active application.  Can they get a trademark on a
domain
> >name .com without owning it?  What should I do to stop
> >this?  Thanks for the help.
> >--------------
> >*Can* someone get a trademark on a domain name they don't

> >own?
>
> They are likely not "getting a trademark on a domain
name."  They are
> likely trying to get a trademark the old fashioned way -
by use in
> commerce of a product or service.  Unlike domain names, in
trademark
> law you can have many different uses of the same character
string.
> The company is likely thinking (wrongly) that if they get
a trademark
> in an unrelated service or product, they can then turn
around and go
> after the domain name.  Of course, this type of "bad
faith" is not
> penalized by either the "anti cybersquatting" law, or by
the UDRP.

--
Judith Oppenheimer, 1 800 The Expert, 212 684-7210
mailto:joppenheimer@icbtollfree.com
Publisher of ICB Toll Free News: http://icbtollfree.com
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President of ICB Consultancy: http://JudithOppenheimer.com:
800 #
Acquisition Management, Lost 800 # Retrieval, Litigation
Support,
Regulatory Navigation, Correlating Trademark and Domain Name
Issues.