Is it possible to hold a domain name in good faith even if it is identical or confusingly similar to anothers trademark?
The ACPA is forgiving of legitimate uses of domain names. There is less likely to be a violation of the Act if the domain name holder actually has some intellectual property rights in the name, or if the person has previously used the domain name in connection with bona fide offering of goods or services. Operating a domain name to which you have fairly entrenched trademark rights, or having operated a sales website under the domain name for a long time, is somewhat safer. Take note, however, that this safety is illusory if your domain name resembles (or is) a famous mark. Thus an Internet service provider, Virtual Works, lost a case to Volkswagen, over its domain name www.vw.net, because the “VW” mark is famous, even though VW is the abbreviation of Virtual Works, and even though they had operated the site for several years. If your domain name is your own name, or a name by which you are often referred, this is more likely to be deemed a good faith use. Edwin Von Aschenbach will prob
Related Questions
- If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
- How will I know if my business name, when used with "SL" or "inSL," is confusingly similar to a Linden Lab trademark, domain name, product, or service?
- Is it possible to hold a domain name in good faith even if it is identical or confusingly similar to anothers trademark?
