The fourth circuit looked at the GoPets decision and says, what was really important there was the fact that this owner, the initial registrant, was transferring the trade, his domain name to a closely held corporation. He had it with his brother. But when there is a transfer of a domain that that reregistration should really be understood as a new registration event for registration under the USPTO test system. So why shouldn't we apply that same sort of understanding? If you create a domain name and you know that a trademark exists, you're probably going to have problems," he said.
A recent court case does little to settle the “re-registration” question. A Court of Appeals decision last month widened the gulf between different U.S. circuits on a critical question in finding bad faith under the Anticybersquatting Consumer Protection Act (ACPA): when the domain was registered. Or “re-registered”, as it were. On today’s show Ben Barlow, […]
Post link: The Cybersquatting law divide – DNW Podcast #423
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