Effect of domain name on searches is uncertain; counsel must consider whether to add domain names to the search and clearance process

Article Abstract:

Internet domain names are an important new topic in trademark law, but the courts and the trademark literature have yet to provide guidance on what effect such names have on the trademark search and clearance process. The arrival of domain names has complicated this process, and if a domain name has trade mark equivalence, it should receive the same treatment as any other mark and be part of the search process. However, if it is merely an address a user has no right to it under trademark law and it need not be part of the search process. The nature of the intended use if the determining factor.

Usage, Laws, regulations and rules, Internet, Domain names, international

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Trademark filings foretell fashions in marketing: the trend in 1994 applications centers on 'cyber,' 'smart,' 'selection' and superlatives

Article Abstract:

The US Patent and Trademark Office's acceptance of provisional as well as existing trademark registrations, begun in 1989, makes it possible to track trends in marketing and even the overall economy. Words increasing in popularity include 'virtual,' up 95% in 1994 over 1993; 'Cyber,' up 83%; 'Internet,' 172%; 'authentic,' 100%; 'secure,' 47%; and 'private' and 'individual,' both up 40%. 'Acu-' and 'accu-' were down 14%, 'clear,' 26%, and 'choice,' 13%. Words suggesting low prices generally fared poorly.

Terminology

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Generic .coms, e-marks still at issue after the fall; although applications have declined with the economy, question of protection is open

Article Abstract:

The dearth of trademark protection applications by holders of marks with generic .com combinations is discussed. Only one Trademark Trial and Appeal Board ruling denying protection to an "E-prefix" mark has appeared, and the fate of the "I-prefix" marks is unclear.

United States, Cases, Electronic commerce, E-commerce, Protection and preservation

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