Domain Registration Pre-Dating a TM |
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Domain Registration Pre-Dating a TM


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, 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

About The Author: Elliot Silver is an Internet entrepreneur and publisher of Elliot is also the founder and President of Top Notch Domains, LLC, a company that has sold seven figures worth of domain names in the last five years. Please read the Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest.

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