SandraBullock
Member, Provider
Does registering a domain name give Trademark Rights over the terms involved in the domain name. UDRP is clear about the ownership of the domain name in such cases. The domain name belongs to the preceding party, i.e., whichever is registered first the Trademark or the domain name, the said name belongs to them. However, it does not talk about the ownership of the Trademark Rights. It does say so that if the domain name has been continuously used, it qualifies for Common Law Rights.
Federal Circuit Court witnessed an ongoing dispute between Philanthropist.com and General Conference Corp. of Seventh-Day Adventists (Seventh-Day Adventists Church, SDAC). Philanthropist.com’s owner had registered the domain Adventist.com in 2016. However the trademark ADVENTIST belonged to SDAC through a USPTO mark registered in 1986. The website used by SDAC itself was Adventist.org, which is very similar to the disputed domain name. The difference being only of the Top-Level domain.
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