- Impact
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A buddy of mine is using a domain in the format of Mr(TM term)ster.com that does product reviews and promotions for the TM term.
We have an ongoing debate over fair use vs TM infringement. My point of view is the domain is infringing on the TM holder's mark on the grounds of section 4b(iv) of the UDRP:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
What do you think?
We have an ongoing debate over fair use vs TM infringement. My point of view is the domain is infringing on the TM holder's mark on the grounds of section 4b(iv) of the UDRP:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
What do you think?
