- Impact
- 6,877
https://www.lexology.com/library/detail.aspx?g=f5f76ee7-d39a-409d-afc3-f41d1cd777a7
"After conducting her own analysis, Judge Brinkema found that “when combined with an SLD, a TLD generally has source identifying significance and the combination of a generic SLD and a TLD is generally a descriptive mark that is protectable upon a showing of acquired distinctiveness.”
"Why it matters: Judge Brinkema attempted to define the boundaries of her opinion by noting that not all domain name marks are protectable, but that a generic SLD combined with a TLD can create a descriptive mark that is eligible for protection only upon a showing it had acquired distinctiveness or a secondary meaning. But the decision has made headlines for granting trademark protection of a domain name, a move that flies in the face of Federal Circuit precedent and could encourage similar filings from websites."
What do you think?....Is this good news for domain investors?
"After conducting her own analysis, Judge Brinkema found that “when combined with an SLD, a TLD generally has source identifying significance and the combination of a generic SLD and a TLD is generally a descriptive mark that is protectable upon a showing of acquired distinctiveness.”
"Why it matters: Judge Brinkema attempted to define the boundaries of her opinion by noting that not all domain name marks are protectable, but that a generic SLD combined with a TLD can create a descriptive mark that is eligible for protection only upon a showing it had acquired distinctiveness or a secondary meaning. But the decision has made headlines for granting trademark protection of a domain name, a move that flies in the face of Federal Circuit precedent and could encourage similar filings from websites."
What do you think?....Is this good news for domain investors?