Without an offering of goods or services identified with the mark, a website that displays the . . . mark and contains simply a welcome page is insufficient to establish that the mark was used to identify goods to the public.
for the Southern District of New York
Court Finds Registration of Domain Name Not Use in Commerce of a Trademark
In an April 12, 2016 ruling, Judge John G. Koetl ruled that a party’s registration of a domain name was not considered the use of a trademark in commerce, and so the party that actually first used the mark in commerce in connection with the offering and sale of goods was the legal owner of the mark. Judge Koetl wrote:
Labels:
13 Civ. 5603
,
Domain Name
,
Judge Koetl
,
Trademark
,
Use in Commerce
Posted by
Richard Crisona
Labels
05 Civ. 390
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1
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09 Civ. 10112
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1
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09 Civ. 528
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1
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10 Civ. 3734
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1
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10 Civ. 7246
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1
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11 Civ. 1001
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1
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11 Civ. 1594
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1
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11 Civ. 4985
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1
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11 Civ. 6808
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1
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12 Civ 5071
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1
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12 Civ. 3699
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1
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12 Civ. 3810
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1
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12 Civ. 4919
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1
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12 Civ. 5070
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1
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12 Civ. 5230
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1
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12 Civ. 6283
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2
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12 Civ. 779
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1
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12 Civ. 7902
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1
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12 Civ. 9260
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1
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12 Civ. 95
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1
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13 Civ. 1787
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1
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13 Civ. 684
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1
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ACPA
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1
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Advice of Counsel
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1
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Affirmative Defense
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3
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ANDA
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2
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Anonymity
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2
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Attorneys' Fees
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18
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Bifurcation
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1
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Breach of Contract
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2
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Case or Controversy
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2
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Contempt
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2
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Copyright
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9
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Copyright Infringement
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76
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Counterfeiting
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4
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Damages
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7
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Declaratory Judgment
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7
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Default Judgment
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2
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Federal Circuit
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2
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First Sale Doctrine
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1
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Fraud
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1
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Fraudulent Concealment
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1
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Infringement Contentions
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3
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Interlocutory Appeal
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4
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Judge Abrams
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5
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Judge Buchwald
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3
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Judge Castel
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8
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Judge Cedarbaum
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1
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Judge Daniels
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4
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Judge Dolinger
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2
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Judge Forrest
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16
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Judge Gardephe
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5
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Judge Hellerstein
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4
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Judge Oetken
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5
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Judge Preska
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4
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Judge Ramos
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1
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Judge Schofield
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5
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Judge Sullivan
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12
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Moot
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4
)
Motion to Quash
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2
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Patent
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1
)
Patent Infringement
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56
)
Preliminary Injunction
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4
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Reasonable Royalty
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2
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Renewal
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1
)
Safe Harbor
(
1
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Subject Matter Jurisdiction
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5
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Summary Judgment
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8
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Trademark
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2
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Trademark Infringement
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42
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Willfulness
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6
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