As I’ve written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities.
The situation presents itself when a panel considers whether a domain name containing two trademarks is “identical or confusingly similar” to a single trademark — that is, the trademark owned by the complainant
The post When Two Trademarks Aren’t Confusingly Similar to One Trademark appeared first on GigaLaw.
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Author: Doug Isenberg