Dawn Donut Rule

Is the Dawn Donut rule still good trademark law? Yes, in most circuits. Dawn Donut rule The Dawn Donut rule was first announced in the 1959 case of Dawn Donut Co. v. Hart’s Food Stores, Inc., 267 F.2d 358 (2nd Cir. 1959). The court asked, if the mark owner is not in the area (by sales or…

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Cybersquatting

The cybersquatting law is also called the Anticybersquatting Consumer Protection Act or the ACPA. Cybersquatting cases are a tool for trademark owners to seize later registered domain names that are registered by domain pirates in bad faith with regard to a given domain name. Cybersquatting does not apply to domains registered before a matching trademark or domains…

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Trademark Specimen

What is a Trademark Specimen A trademark specimen is a photo or a screenshot showing how you actually use a trademark in commerce in connection with your goods and services, to indicate the source or owner of the trademark. For example, if you have applied for goods, you’ll want to submit a picture of your trademark…

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UDRP Complaint

A UDRP complaint is a way to obtain a domain name that was registered in bad faith by someone else. A complainant should make sure that it is bringing its complaint in good faith, otherwise, a UDRP panel may label it as a reverse domain name hijacker. Moreover, a complainant could be hit with a $100,000…

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Domain Hijacking

UDRP Model Response and Filing Guidelines excerpt from WIPO.int

Domain hijacking is also called RDNH or reverse domain name hijacking Domain hijacking happens when someone files a UDRP complaint or a court action in bad faith to get a domain name from its registered owner. A domain hijacking complaint is often called a plan B complaint. A classic plan B complaint to secure a…

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WebMagic Ventures wins UDRP Dispute over dataminer.com

WebMagic Ventures won a UDRP Dispute over its dataminer.com domain name in a WIPO 3-member panel decision, on November 1, 2016. The WIPO UDRP panel also found that the complainant was guilty of reverse domain hijacking “RDNH.” Skyline Communications filed a UDRP complaint regarding the dataminer.com domain name claiming that it has used the DataMiner brand…

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Can I Use the Superman’s Chest Shield Design on T-shirts?

No, not without a license from DC COMICS according to a complaint that DC COMICS filed in United States District Court against Mad Engine, in 2015, Case 2:15-cv-05492, in the CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION. DC Comics is the publisher of comic books and magazines, including those featuring the world-famous Superman character. DC also engages in…

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Can a Messenger Wear a Superhero Costume?

There was a messenger business in New York city that thought that it would be cool to have its messengers wear superhero costumes. It got cease and desist letters real quick. Then it got sued by Marvel and DC Comics for trademark infringement and copyright infringement. The business folded soon thereafter.   These points of…

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