Welcome to Patents and Trademarks Guide
Blm Land Patents Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
Legal Issues About Trademarks And Domain Names
from: Peter Goldberg
Trade marks are a name or symbol that are used to distinguish the goods of services of a particular company from others.
Similar to copyrights and other signs of intellectual property, the effects of the trademark system is territorial. This means, that each country has its own trademark system. A brand name like Machine Head may be owned by one person in the United Kingdom and by another, totally unrelated, person in the United States.
The domain name system, which is putting most of its emphasis on the .com title as the international domain, does not really jive well with the trade mark system because of the latter’s fundamental definition of “ownership.”
A case in point is the Prince vs Prince suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy company. The said company registered the domain in good faith and have been using it. The Prince sports goods company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The latter counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US company had to contend with just using the domain name www.princetennis.com.
Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder’s rights is in the case of Marks & Spencer vs One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.
The One In A Million company’s basis of argument was that domain name registrations were first come, first served”, thus, the trademark owners do not have any rights to the domain names.
Based on the two actual court cases we can build up a clear picture about the interrelation of trademarks and domain names.
In general, domains that have no trademark significance can be acquired by the entity who registered them first. Continuous use of this non-trademarked name will allow the holder to build a reputation on the name. When the situation is between to legitimate companies who have a right to the name then, as with the stipulation of most laws in most countries, the first person who registers will get the domain. However, a registrant to a domain that is also a subject of a trademark and who does not have any entitlements is going to be forbidden based on the laws of most countries. For more information please visit http://www.dolphinformations.co.uk.
About The Author
Peter Goldberg runs the website http://www.dolphinformations.co.uk which is your expert resource for all business related issues.
Blm Land Patents News
Apple (NASDAQ:SIRI) Lands Patent for Steering Wheel Control - Satellite Radio Playground
 Satellite Radio Playground | Apple (NASDAQ:SIRI) Lands Patent for Steering Wheel Control Satellite Radio Playground By Amy Gilroy Apple (NASDAQ:AAPL) was granted a patent Tuesday for a steering wheel remote control for a smartphone or iPod-like device. It's based on Apple's old “click wheel” found on the original iPods. But this time it gets a new touch-sensitive ... |
Patent Issue Halts Climate Control Experiments - RedOrbit
 RedOrbit | Patent Issue Halts Climate Control Experiments RedOrbit These sulphate and aerosol particles would be used to mimic the cooling effect produced by ash from large volcanic eruptions, which reflect the earth's sunlight before it reaches land. The patent in question was submitted by Peter Davidson, ... |
HTC's Phone Shipment Delay in the U.S. Underscores Why Patent Disputes Suck ... - Hot Hardware
 Hot Hardware | HTC's Phone Shipment Delay in the U.S. Underscores Why Patent Disputes Suck ... Hot Hardware Barring any patent hiccups, HTC's One X smartphone will land in the US, but not before going through a customs review. At the heart of the issue is that patent law oftentimes hurts consumers as companies squabble over their IP portfolios, though that's ... Sprint Acknowledges HTC Evo 4G LTE Launch Delayed Apple spoils HTC One X, EVO 4G LTE release party in US |
Technology Patent Wars Sign of Robust Innovation - IDG News Service
Technology Patent Wars Sign of Robust Innovation IDG News Service With the patent reform bill now the law of the land, the US PTO has also been engaging with foreign governments in an effort to iron out the differences among various nations' systems for recognizing intellectual property. "With adoption of the AIA ... |
U.S. Energy Corp. Considering Federal Land Exchange for Mt. Emmons Property - MarketWatch (press release)
U.S. Energy Corp. Considering Federal Land Exchange for Mt. Emmons Property MarketWatch (press release) The potential land exchange will proceed in parallel with US Energy's ongoing effort to secure permits for the development of its Mt. Emmons molybdenum mine. US Energy owns 25 patented mining claims representing approximately 365 acres of fee land and ... |
Free land from Homestead Act of 1862 got ag industry rolling in Montana - Great Falls Tribune
Free land from Homestead Act of 1862 got ag industry rolling in Montana Great Falls Tribune TRIBUNE PHOTO/LARRY BECKNER Homestead patent papers like this one were issued once homesteaders legally proved they had met the requirements, which included making improvements to the land over a period of time. This Montana patent was signed by ... |
Knights Templar Donate Penn Land Patent - Patch.com
 Allentown Morning Call | Knights Templar Donate Penn Land Patent Patch.com 19, one of nine masonic groups that occupy the third floor of 22 South Third St., ceremoniously handed over the land patent to library director Jennifer Stocker and Marx Room coordinator Barbara Wiemann after their regular meeting. A piece of Easton's history unlocked |