October 21, 2004

Mere registration of a domain name does not constitute trademark use

An Illinois Court has ruled that a third party's date of registration for a domain name cannot be used by a subsequent purchaser to "tack" trademark rights absent evidence that the original registrant used the domain name as a mark and conveyed goodwill as part of the sale. The court affirmed that mere registration of a domain name does not constitute trademark use.
Case: Pure Imagination v. Pure Imagination
[from BNA's Electronic Commerce & Law Report]

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