Domain Name Common Law Trademark. Because the domain name system is not a corollary to the trademark system a domain name registrant need not have a corresponding trademark in order to have a legitimate right. Law a common law trademark is generally established when someone uses a company name logo or slogan in commerce even if it is not registered.
Common law trademark starts when you use the mark in commerce for the first time within a geographic area. A common law trademark is a type of infringement protection for intellectual property wherein the property is used in commerce before its federally registered. By Michelle Kaminsky Esq.
Consumers may be misled by a domain name for a product or service that is spelled or seen as similar to an existing trademark that they are familiar with.
By Andrew Allemann April 11 2018 Policy Law 5 Comments An NAF panelist is very generous is accepting common law trademark rights. This reduces your time commitment but comes with a cost. Sometimes well-known trademarks are used as domain names by hoaxers so as to deceive the customers. Though unregistered marks have some value federal registration of a mark provides several substantive benefits not enjoyed by mere common law unregistered trademarks.