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opinion The standards for common law trademarks in UDRP cases

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A National Arbitration Forum panelist recently awarded the domain name YouAreOK.com to T & P Holding Company, LLC. This company owns several hair salons and boutiques in Nashville under the name Local Honey. Its website is LHNashville.com.
A company doesn’t have to use a trademark on its website to have a trademark. Still, it would need to provide good evidence to the panel of its use of the trademark and when it is conceivable that the holder gained common law rights to the mark.
I’ve seen many stronger common law trademark claims denied in UDRPs for not providing enough evidence, such as proof of marketing expenditures related to the mark...
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