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Old 08-19-2011, 10:53 AM  
Kenny B!
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Join Date: Jun 2003
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Quote:
Originally Posted by SallyRand View Post
Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

"Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

The single-word term itself cannot be trademarked.

I have told "Someone" to go pound sand in their ass.
Anyone who is serious will start the arbitration process with ICAAN, it's the only way to get a domain name. As for having a claim on a certain term or word even if it is part of a trademark doesn't mean squat if you are not using the domain to divert clients away from them or in a malicious manner.
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