Cybersquatting & Domain Dispute Attorneys / Lawyers: Of Domainers and Trademarks: Is it Time to Rethink the Bias Against Trademark Rights?

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05/27/2008

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It's all a matter of rights. While a trademark owner may have rights in a particular mark, that does not mean that a domainer can not have rights in a domain name incorporating that same mark. Trademark owner's rights are limited, in most cases, to a defined list of goods and services. Clearly a domainer using a domain name incorporating that trademark for a noninfringing, legitimate use can have rights in that domain. Do these domainers know how?

Whether you want to label the person a trademark lawyer or a domain name attorney, the best of the best need to have experience in both areas. What better way to avoid claims of cybersquatting and trademark infringement than by working with an attorney who knows the defenses and can ensure the domainer is working within those in order to reduce his or her legal and financial exposure in connection with the registration and use of a domain name.

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