Cybersquatting, or the abusive registration of trade
marks as domain names, is increasing.
«This finding is consistent with the majority of Uniform Dispute Resolution Policy cases, which have recognized a domain name registration as a trademark owner's exclusive right, and that permitting such a registration would allow any distributor, wholesaler or retailer to monopolize a third party's real trade
mark as a domain name based upon the mere fact that it sells the party's products or services,» says Gowlings.
Not exact matches
Hopefully this decision will be limited to its specific facts and given a narrow interpretation, both with respect to its application to official
marks and passing - off,
as otherwise it potentially has broad reaching implications which would significantly affect not only official
mark owners but also general trademark owners in the context of
domain names and trademark use on the Internet, where initial confusion may be rampant but easily remedied by «research» in the form of a click of the mouse.»
«
As a practical matter,» he asks, «what would a service
mark registration give the Applicant that ownership of the
domain name does not?
He advises clients in the areas of copyright, design rights, trade
marks, passing off, database rights,
domain names and the developing law of privacy and confidence,
as well
as risks arising from the use of social media.
Make sure you register any trademarks or company
names as domain names before you file a trademark application or before you publish a press release on your new
marks and products.
Advising Virgin on issues of trade
mark infringement, passing off, company
name and
domain disputes
as well
as providing non-contentious advice on matters such
as licensing arrangements and advertising clearance.
He also established CIRA
as a leader in the
domain name industry in the use of social media.Prior to joining CIRA,
Mark spent a decade working in Indigenous health policy, first
as a Community Development Officer at an Inuit land claim organization in the Western Canadian Arctic, then
as the Director of Communications and Research at the National Aboriginal Health Organization in Ottawa.
Mark is based in Ottawa, Canada.
Assisting Virgin's in house team with their IP needs, including advising on issues of trade
mark infringement, passing off, company
name disputes and
domain disputes,
as well
as providing non-contentious advice on matters such
as licensing arrangements.
A
domain name may be protected by registering it
as a trade
mark, provided it satisfies the usual criteria for registration under the Trade Marks Act 1994 (TMA 1994), which to a great extent also mirrors the registerability provisions of the Trade Mark Regulation 40 / 94 / EC and the Trade Mark Directive 89 / 104 /
mark, provided it satisfies the usual criteria for registration under the Trade
Marks Act 1994 (TMA 1994), which to a great extent also mirrors the registerability provisions of the Trade
Mark Regulation 40 / 94 / EC and the Trade Mark Directive 89 / 104 /
Mark Regulation 40 / 94 / EC and the Trade
Mark Directive 89 / 104 /
Mark Directive 89 / 104 / EEC.
On the basis that by seeking to sell
domain names confusingly similar to registered trade
marks, the defendants — who would use such
names in services they provided
as dealers in
domain names — had threatened to infringe those trade
marks within the meaning of s 10 (3).
To register a
domain name successfully, it must comply with the definition of a trade
mark as set out in TMA 1994, s 1 (1) «being a sign capable of being represented graphically, capable of distinguishing goods or services of one undertaking from those of another undertaking».
What the team is known for Assists with trade
mark applications and industrial design matters
as well
as domain names.
Also strong in contentious trade
mark,
domain name and copyright cases,
as well
as assisting with registration issues.
However, his specialism is in Intellectual Property issues such
as copyright and trade
mark infringements and
domain name disputes.
Domain names go on sale in two waves: from now until February 2 is the «sunrise» period, where trademark owners can apply to obtain their mark as a domain; thereafter is the so - called «landrush» period, where it's first come, first s
Domain names go on sale in two waves: from now until February 2 is the «sunrise» period, where trademark owners can apply to obtain their
mark as a
domain; thereafter is the so - called «landrush» period, where it's first come, first s
domain; thereafter is the so - called «landrush» period, where it's first come, first served.
(iv) by using the
domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on - line location, by creating a likelihood of confusion with the complainant's
mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
Make sure you register any trade -
marks or company
names as domain names before you file a trademark application or before you publish a press release on your new
marks and products.
As a limited exception to CREA's rules regarding the use of the REALTOR ®
mark, the term can appear in lower case letters in actual
domain names and email addresses.
All other Better Homes and Gardens Real Estate trademarks, service
marks, domain names, logos, company names and indicia of origin (collectively referred to as the «Marks») referred to on the Web Site are property of, or licensed to, Better Homes and Gardens Real Estate LLC or its affili
marks,
domain names, logos, company
names and indicia of origin (collectively referred to
as the «
Marks») referred to on the Web Site are property of, or licensed to, Better Homes and Gardens Real Estate LLC or its affili
Marks») referred to on the Web Site are property of, or licensed to, Better Homes and Gardens Real Estate LLC or its affiliates.