Wednesday, November 14, 2007

NAF Overview - Part 2

Trademark - Registered or Unregistered - As the complaining party ('Complainant'), your arguments will be focused on your trademark and how the domain name at issue is confusingly similar. 
1) A registered trademark will grant you the assumption that you have valid rights in the mark you are claiming; however, you will still have to prove the alleged infringing party ('Respondent') has infringed your registered trademark via the domain name. 
2) If you do not have a registered trademark but have filed for a trademark and/or have used your unregistered mark in commerce, you may still be able to put together an argument that your mark is famous and/or worthy of similar rights as a registered trademark. However, this argument will have to be made first and will have to be successful before an arbitration panel will be able to review the alleged infringement by the domain name at issue.

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