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---- Domain squatting and common law trademark


Webwork - 2:19 pm on Feb 5, 2007 (gmt 0)


"Passing off" or trading off - in other words profiting by (somewhat directly and specifically) exploiting your client's business name might give you some legs for pressing a claim. It might not be purely a 'trademark claim' but another form of State law claim. I'd focus on whether there is any evidence that the domain holder is targeting your client's (potential) business clientele.

Might be time for the old fashioned lawyer letter. At the very least it may cause the domain holder to remove any misleading or mis-directing links. Kill the profit (arising from any confusion or exploitation) and you may kill the domain holder's interest in keeping the domain.

If your client's business name is a very generalized or generic name it might make things a bit more problematic.


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