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A pair of UGG boots from the United States where the name is trademarked A pair of Ugg boots made in Australia where the name is generic. The Lanham Act is the primary statute governing federal trademark law in the United States; [8] however, as it only applies to "commerce which may lawfully be regulated by Congress", [9] it does not address terms that are used in foreign countries.
The policy has been adopted by all ICANN-accredited registrars.It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).. The policy is then applicable due to the contract between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant).
Deckers' law firm Middletons of Melbourne began a serious effort to halt the Australian companies' sales [4] by sending cease and desist letters to a number of Australian and U.S.-based manufacturers, preventing them from selling sheepskin boots using the UGG trademark on eBay or from using the word in their registered business names or domain ...
Nissan Motors considered Nissan Computer's use of the name to be trademark dilution, and laid claim to the domain by alleging cyber squatting. However, Nissan Computer was named after its owner, Uzi Nissan. [16] [17] [18] Following the outcome of the case, Nissan Motors uses the name nissanusa.com for its U.S. website. [19]
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
Patent and Trademark Office v. Booking.com B. V., 591 U.S. ___ (2020), was a United States Supreme Court case dealing with the trademarkability of a generic terms appended with a top-level domain (TLD) specifier (in this case "Booking.com"). The Court ruled that such names can be trademarked unless the existing combination of term and TLD is ...
Some countries have specific laws against cybersquatting beyond the normal rules of trademark law. For example, according to the United States federal law known as the Anticybersquatting Consumer Protection Act (ACPA), cybersquatting is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.
An approved domain name dispute program provider for ICANN, the NAF has administered over 10,000 domain name disputes since 1999. [8] The number of domain name disputes administered is on the rise, up 143 cases from 2006 to 2007. The NAF deals predominantly with registered domain names that are abused by parties who have no legitimate rights to ...