08 July 2013

Branding and generic domain name risky

Fling.com discovers the challenges of branding with a generic domain name - Domain Name Wire: " . . . the Panel is of the view that they are entitled to do so as long as they do not infringe the particular rights covered by the above trademark registration(s) in accordance with the requirements of the Policy. In this regard, it is relevant to note that Respondent has added to the common descriptor “fling” the words “best” and “sites”. While these words are themselves descriptive, once combined in this way, a term with a quite different meaning emerges – namely a reference to “the best fling sites”. Such reference is both apt and appropriate for use in relation to an entity or website that reviews sites or services aimed at those interested in having a “fling” or in the wider community involved in such affairs. . . ." (read more at link above)

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