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Interesting UDRP ruling

Discussion in 'Domain Names & Parking' started by gregstereo, Feb 24, 2012.

  1. gregstereo

    gregstereo Elite Member

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    I'm known to locate certain things from time to ti
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  2. kvmcable

    kvmcable Supreme Member

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    24 year business owner - old school dude
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    I find it bothering that common use of a mark now qualifies as a legal mark to UDRP. To obtain a legal mark in the USA is expensive and much research has to be performed before a mark is granted. Now it appears WIPO just stomped all over the Federal Copyright / Trademark jurisdiction and granted protection for a mark that never existed.

    The outcome of the case, if the facts are true, was correct but it should have been handled in Federal Court. Of course, without a valid mark I wonder if the Federal Courts would have considered protection? Sounds like the defendant never showed so a default judgment would have happened most likely. WIPO should have referred the case to the proper jurisdiction IMO.