Top Tweets for #RushTees

over 1 year ago

The latest #UDRP Digest (Vol 4.46) titled "The Challenge of Properly Applying Telstra" is out now! Read about some interesting cases including <#zoracompanies .com>, <#rushtees .com>, <#augis .com> and more, with commentary from @domainarts and @dnattorney. Unravel the intricacies of #DomainLaw with us, visit: https://t.co/RXbgzjNEbA #domains #domaindisputes #domainnames #trademarks #newsletter #weekly #digest #domains #domainforsale

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Internet Commerce

@ICADomains

over 1 year ago

#RDNH in #rushordertees.co and #rushtees.com. The Complainant offers custom printing of men's and women's clothing and accessories via its website at #rushordertees.com, which has been registered since 2003. The trademark for RUSH ORDER TEES was registered on October 23, 2018, with #USPTO, with the disclaimer: "No claim is made to the exclusive right to use the following apart from the mark as shown: '#RUSHORDER'." The Respondent contends that since 2003, it began selling t-shirts across the New York – New Jersey region and online using the domain name <stylusapparel .com> since 2007. The Respondent registered the #DomainNames in the good faith belief they were generic and descriptive options that were not infringing anyone's trademark rights. Held that when the Domain Names were registered, the Complainant's alleged mark was not capable of serving as a trademark and Respondent's legitimate interest in registering the Domain Names was appropriate. Under the Policy, the registration of generic or brandable words such as #Domain Names is allowed, absent evidence of targeting or passing off. The Complainant made no arguments and submitted no evidence to support a finding of common law trademark rights in its RUSH ORDER TEES Mark, even assuming the possibility that such rights could appertain to a mark comprising exclusively #dictionary words @ https://t.co/nlcFMlAmvV