tag:blogger.com,1999:blog-9192329551345473800.post6563981951898911884..comments2023-10-11T06:07:42.175-07:00Comments on Trademark Titan™ Blog : U.S. Trademark Applicant Involved in Collision With Giant Toy Manufacturer: CAFC Affirms TTAB Decision of No Trademark Abandonment After Eight Years of Non-UseRoger Borahttp://www.blogger.com/profile/10971891807334584372noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-9192329551345473800.post-88024222203826915352010-06-02T21:06:31.061-07:002010-06-02T21:06:31.061-07:00Given the global demand for .com as opposed to the...Given the global demand for .com as opposed to the regional nature of trademarks it would be unreasonable to expect a prospective domain name registrant to be on notice of the existance a mark that remains unregistered in its own jurisdiction and "unused" in that jurisdiction for close to a decade!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9192329551345473800.post-85336344997673439202010-06-02T10:08:31.683-07:002010-06-02T10:08:31.683-07:00Thanks for the comment. We still need to consider...Thanks for the comment. We still need to consider those marks that are not registered when reserving domain names, since marks need not be federally registered to receive protection. The problem here, however, is that there were no federal trademark rights and -- from what I can see-- common law rights either. Tough loss for Applicant.<br /><br />-RogerRoger Borahttps://www.blogger.com/profile/10971891807334584372noreply@blogger.comtag:blogger.com,1999:blog-9192329551345473800.post-66875982011213844482010-06-01T20:53:41.213-07:002010-06-01T20:53:41.213-07:00Sympathetic justice? Mattel acquired the rights wi...Sympathetic justice? Mattel acquired the rights with an intent to use them at some point in time, I think thats safe to say. Eight years of non use and expired trademark registrations are indicia of abandonment, so what gives here. Well, if Mattel is to be believed they are at the very least guilty of intellectual property mismanagement. The fact that they mysteriously resurfaced to oppose the new intent to use registration somehow got them alot of cred with respect to their "on going interest", so much so in fact that it actually relieved them of any and all reasonable obligation of a trademark holder to put others on notice of its interests. <br /><br />The decision is really a dangerous one on alot of levels. What if the trademark interest here involved a domain name. Lets say I had checked the uspto and found no active marks, lets say I had registered crashtestdummies.com and lets say I wanted to sell toys there. <br /><br />Using the courts logic I would loose the domain name and my business. No existing mark! If one can't rely on the information made available at the USPTO we are all in trouble.Anonymousnoreply@blogger.com