The Trademark Thing

Discussion in 'Legal Discussion' started by yjann, .

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  1. yjann

    yjann Established Member

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    Good day folks,
    so I just reg'd IcoStrat.com, thinking of it as a nice brandable name for an ICO Strategy site.
    Checked trademarks using "icostrat", with negative results quite as expected.
    Shame on me I didn't search just the term "strat".
    Doing so I recognized the company Stratis having their own Currency called "STRAT", currently launching what? An ICO platform.
    Apart from that there are multiple trademarks on the term by multiple companies and for entirely different business classifications.
    Should I get rid of it?
    Thanks & Cheers!
     
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  2. Dominique

    Dominique Established Member

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    Hello @yjann !

    Its hard to tell whether you are safe or not.

    In the case of UDRP, the crucial thing for complainant would be to prove your bad faith, showing that the term "strat" is distinctive and "ico" is related to their business. It would be easy unless the Panel determines that the term "strat" is a commonly used abbreviation for "strategy". That would change the story.

    Just because its not completely clear whats going on here, I think its not so easy to prove your bad faith.
    On the other side, even you are convinced that you registered your domain in a good faith, the Panel can decide that "you should have known, that its registration would be identical or confusingly similar to a complainant’s mark"

    If you think its worth the risk, try to sell it for a good price.
    Good luck !
     
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