Quote:
Originally Posted by InfoGuy
ICANN set the UDRP rules to require a trademark. For a UDRP to be successful, all 3 elements of Paragraph (ix) must be established.
I'm not a lawyer, but I could see the domain being used for other classes, giving the Respondent legitimate rights. A major hurdle the Complainant will encounter is the term "max hardcore" is descriptive. As max is commonly used as an abbreviation for maximum, max hardcore is simply a shorter version of maximum hardcore. Assuming the term qualifies for trademark protection, as there is no live trademark currently registered with the USPTO; it doesn't have the strength of a coined trademark like Pepsi or Starbucks.
Playing devil's advocate, MaxHardcore.com could be used to describe a high intensity exercise training program or a mixed martial arts fighting league. With that being said, it's unlikely a mainstream company will want the stigma attached to the domain from it's prior use. |
I am not an attorney, so do not take this as legal advice:
That says a trademark, but it does not say a registered trademark. Max Hardcore indisputably has been engaged in commerce under the Max Hardcore trademark. He should contact the USPTO right away though, if he thinks he has a reg, but their site shows it cancelled or abandoned.