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Gerald M. Levine
Levine Samuel, LLP
130 West 42nd Street,
12th Floor
New York, NY 10036
(212) 596-0851Trademark Databases
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Trademark and Domain Name News
Tag Archives: Geographical distance
Parties in Same Business and Operating in the Same Geographical Area
Distance is not only geographical and temporal but also measured by product or service offerings. The principle underlying temporal distance is that the respondent could not have registered the domain name in bad faith if the trademark had not then come into existence. Subsequent bad faith use (except in the view of panelists who argue for “retrospective” bad faith) is not grounds for forfeiture of the domain name under UDRP. The greater the distance of all three combined the less likely that the complainant can prevail on the bad faith element, which is the ultimate test.
Geographical distance by itself does not favor the respondent’s good faith claim, but temporal distance (acquiring the domain name prior to existence of the … Read the rest
Posted in Denial of knowledge, Geographic distance, Para. 4(a)(ii) of the Policy, Para. 4(a)(iii) of the Policy, Para. 4(c)(i) of the Policy, Prima facie case, Totality of facts, Website content
Tagged different market, Geographical distance, Same industry, Taking advantage of trademark, Temporal distance
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