tag:blogger.com,1999:blog-9060198.post2387217537520027404..comments2024-02-14T12:37:14.887+00:00Comments on IT Law in Ireland: This is why cybersquatters are still in businessTJ McIntyrehttp://www.blogger.com/profile/16565959875438814437noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9060198.post-44614759695407666662007-09-23T21:23:00.000+01:002007-09-23T21:23:00.000+01:00That's a fair question and you've hit on a potenti...That's a fair question and you've hit on a potential issue for a business in this situation.<BR/><BR/>The absence of a registered trademark isn't necessarily fatal to a UDRP claim - most panelists seem to be sympathetic to claims based on unregistered marks (or common law marks as they're called in the US) - see the Berkman Centre UDRP Opinion Guide:<BR/>http://cyber.law.harvard.edu/udrp/opinion/ttext.html#2.1.2<BR/><BR/>Similarly a passing off claim could be brought in the Irish courts even in the absence of a registered mark.<BR/><BR/>The difficulty, however, for those types of claim is that they depend on the claimant showing that they have built up a reputation in the mark. This could obviously be a problem for a claimant who hasn't yet commenced business - which is another reason to ensure you secure the other domains.<BR/><BR/>Also, as you point out, the name is rather generic, which wouldn't help any UDRP or passing off claim. All the more reason to secure the surrounding domains before going public.TJ McIntyrehttps://www.blogger.com/profile/16565959875438814437noreply@blogger.comtag:blogger.com,1999:blog-9060198.post-4950915047072436212007-09-23T14:09:00.000+01:002007-09-23T14:09:00.000+01:00I'm curious as to how you would manage to evict so...I'm curious as to how you would manage to evict someone from d4hotels.net?<BR/><BR/>It's rather generic, and I wonder have they trademarked d4hotels brand yet?<BR/><BR/>Genuinely curious<BR/>Rgds<BR/>RichardRedCardinalhttps://www.blogger.com/profile/11346704709932072218noreply@blogger.com