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Trademark question experienced help requested

Labeled as question in Legal Discussion, started by Jason Baudendistel, Jul 22, 2021 at 2:49 AM

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3
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150

  1. Jason Baudendistel

    Jason Baudendistel CEO Wibbets Inc

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    I need the groups feedback, I used to run a business using my name domain jasonbaudendistel.com , I accidentally let it lapse years ago and a Chinese company started squatting on it. It's owned by someone else now but they didn't reply to my email and their identity is concealed by Domains by Proxy. Go Daddy and them won't do anything without a court order but I've lost out on years of book royalties because it was the login for my Amazon Author account. If I trademark my name does that help me any? I only have common law trademark from previous use currently.
     
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  2. draco

    draco Upgraded Member Blue Account ★★★★★★★★★★

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    Have you tried contacting Amazon to see if there is a way for you to recover your account without the email?
     
  3. cyberlawyer

    cyberlawyer Upgraded Member Blue Account

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    WIPO Overview 1.5: Can a complainant show UDRP-relevant rights in a personal name?

    1.5.1 Personal names that have been registered as trademarks would provide standing for a complainant to file a UDRP case.

    1.5.2 The UDRP does not explicitly provide standing for personal names which are not registered or otherwise protected as trademarks. In situations however where a personal name is being used as a trademark-like identifier in trade or commerce, the complainant may be able to establish unregistered or common law rights in that name for purposes of standing to file a UDRP case where the name in question is used in commerce as a distinctive identifier of the complainant’s goods or services.

    Merely having a famous name (such as a businessperson or cultural leader who has not demonstrated use of their personal name in a trademark/source-identifying sense), or making broad unsupported assertions regarding the use of such name in trade or commerce, would not likely demonstrate unregistered or common law rights for purposes of standing to file a UDRP complaint.

    That is, use of the domain name in Trade or Commerce is a must. This is quite easy for an Author, Actor, Singer, etc whose personal name is in wide use in Trade or commerce. But mat not be easy to prove for a CEO of a famous organization or even his family members, unless name has been specifically used in Trade or Commerce.

    See: https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2013-1255
     
  4. DirkS

    DirkS Dutchman.info VIP

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    ROFL
     

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