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Registration of domain name prior to trademark filing and registration dates defeats trademark claim

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A trademark owner's claim to a domain name, asserted under the provisions of the Uniform Domain Name Dispute Resolution Policy, must fail where the trademark was neither registered nor claimed in an application filed prior to the registration of the domain name by the respondent, a UDRP panelist ruled