Tag: trademark

UDRP Element 2: Legitimate Rights Now that you have the first element of the UDRP analysis down, let’s talk more in depth about the second element and what a complainant will need to prove in a domain dispute. What is the process for establishing legitimate rights in a domain name? While the complainant has the […]

In case you missed it, we provided a general overview of the UDRP process here. This post, however, takes a closer look at the first element of the UDRP test, being what makes a mark identical or confusingly similar to a domain name? How can a mark holder prove the first element in the UDRP […]

Historically, trade dress protection has been afforded to the packaging and labeling of goods, but recently, courts are extending trade dress protection to the “look and feel” websites. Continue reading for a summary of trade dress protection of a website. Material Under Copyright Protection Precludes Consideration as “Look and Feel” of Site The “look and […]

Product colors, labels and packaging often catch the eye of consumers. Businesses work very hard to ensure that consumers recognize their products, because not only will they purchase a product that is aesthetically pleasing, but also brand mark that they trust.  So how can business owners protect their mark and the physical appearance of their […]

Brand protection is an important consideration for any business and it holds true for crowdfunding portals. Just like having strong terms of use and privacy policies, trademark registration for crowdfunding portals is an important step in protecting a business. Crowdfunding portals are often designed to raise money for specific niche projects or, many times, social […]

As domain dispute attorneys, we are often asked whether someone should defend against a UDRP proceeding or domain dispute. Typically, the person served with the complaint asks whether 1) it is worth the money to defend the domain? 2) Can I win? 3) what are the common defenses to a domain dispute? Basically, you want […]

Domain name owners facing a domain dispute need to first understand the rules of the process and how trademark law plays a role in the case. Domain Dispute Background UDRP proceedings, or domain disputes, are administrative proceedings that ask an administrative body to transfer ownership of a domain. In other words, money damages are not […]

A UDRP Proceeding, or what is commonly called a “domain dispute,” is an administrative proceeding to stop someone from using a particular domain name. We explained the background of these proceedings here. UDRP’s Three-Part Test But a common question is: what elements go into winning a domain dispute? Here are the three elements to any […]

It is a contract between two parties that governs the parties’ use of certain trademarks. These agreements are often referred to by a number of names, and are sometimes called co-existence or consent agreements. The primary purpose for entering a concurrent use agreement is to permit a mark to achieve registration. For example, lets assume […]

The United State Patent and Trademark Office (USPTO) allows individuals to register domain names as trademarks under certain circumstances. This can be valuable for online entities because while domain names are protected against theft and cybersquatting, a domain name that is a registered trademark would also receive powerful federal trademark protection. Generally, a domain name […]