Legal News

Domain Registration Pre-Dating a TM

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http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0062.html

John Berryhill, a highly regarded domain attorney, was kind enough to reference this important UDRP case that may impact domain owners. The facts of the case are:

1) Original registrant sold CreditKeeper.com, a name that he registered in 2001.
2) UDRP was filed by HSBC Finance Corporation, as they have two registered trademarks for “Credit Keeper,” one granted in 2004 and the other in 2005, both of which were filed and approved after the domain name was created.
3) Respondant argued that he should be allowed to keep the name as it was registered prior to the TM, and those rights of the original registrant should be passed to him.

Attorney Berryhill argued that the new domain owner acquired all rights of the domain name, including the important rights that existed because the registration pre-dated the trademark approvals:

The Respondent contends that it acquired all rights to the domain name under a certain

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