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[8WashJLTech&Arts0061] Who Are You? Difficulties in Obtaining Trademark Protection For Domain Names

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dc.contributor.author Rona, Luke M.
dc.contributor.author Washington Journal of Law, Technology & Arts
dc.date.accessioned 2012-07-31T14:12:58Z
dc.date.available 2012-07-31T14:12:58Z
dc.date.issued 2012-08
dc.identifier.citation 8 WASH. J.L. TECH.& ARTS 61 (2012) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1155
dc.description Washington Journal of Law, Technology & Arts, volume 8, Issue 1, Summer 2012 en_US
dc.description.abstract ABSTRACT Three appellate decisions illustrate the difficulty of acquiring trademark protection for domain names that include a top-level domain (“TLD”), such as “.com.” Courts have characterized these marks as generic or merely descriptive, which carries implications for the party seeking registration: generic marks cannot be protected, while descriptive marks can, assuming they possess a secondary meaning that makes the mark distinctive. Generic and descriptive domain names often indicate the services a company provides, with the addition of the “.com” TLD to indicate online services. One key test of genericness is whether the public identifies the mark with a service generally or with a company specifically. This Article examines the rationales supporting the generic-descriptive distinction for domain names with TLDs. When a website does more than merely sell a product online that could be obtained in a brick and mortar store—such as providing additional consumer tools and flexibility unique to the online medium—the domain name has an increased chance of being viewed as descriptive and potentially protectable. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.title [8WashJLTech&Arts0061] Who Are You? Difficulties in Obtaining Trademark Protection For Domain Names en_US
dc.type Article en_US
dc.rights.holder Copyright Luke M. Rona en_US

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