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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    It's Not Just Trademarks . . . | Log in/Create an Account | Top | 5 comments | Search Discussion
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    Re: It's Not Just Trademarks . . .
    by Anonymous on Friday September 28 2001, @05:30AM (#2620)
    You are much too kind, or too subtle. This is part of a pattern. Errors of this nature never happen in favor of respondents.
    [ Reply to This | Parent ]
    Re: It's Not Just Trademarks . . .
    by Grumpy on Friday September 28 2001, @05:53AM (#2621)
    User #2759 Info
    Actually, take another look at paragraph #1 of the "findings" in the opinion. It notes that the cheaper.com DN registration and "trademark rights" were transferred to IDT in January 2001. Since exhibits are not attached to UDRP opinions, we're left to presume that the exhibit is a legitimate assignment of the CHEAPER or CHEAPER.COM common law mark, along with its goodwill. If the assignment of DN registration and trademark rights from Berdo to IDT is valid, then we may have no more than a less-than-complete opinion.

    Admittedly, I'd prefer to see IDT's proof of distinctiveness and/or secondary meaning for the mark in the opinion. IDT filed a U.S. trademark application for CHEAPER.COM back in July 2001 for its telecom and pre-paid calling card services, No. 78/072,596... so there's at least some indication that IDT may have alleged common law TM rights in its UDRP complaint or response.

    I'd also prefer to know what Respondents said about the validity of IDT's trademark rights in their response, and how the panelist resolved any inconsistencies. But this particular opinion does not yet deserve a place among the true howlers of UDRP history.

    - Grumpy
    [ Reply to This | Parent ]
    Re: It's Not Just Trademarks . . .
    by plj on Friday September 28 2001, @08:06AM (#2625)
    User #2756 Info
    I posted this decision as my Case of Week during the week of Sept. 3. This one was probably better left to the courts. Take a look at http://www.udrplaw.net/casesoftheweek.htm if you are interested.
    [ Reply to This | Parent ]
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