Acquiring a domain name registration does not give someone priority in obtaining a trademark on the name, the 9th U.S. Circuit Court of Appeals ruled Thursday. The court ruled in Brookfield Communications Inc. v. West Coast Entertainment Corp. that the senior user of a mark used to identify goods or services in commerce is the legitimate owner of the mark. The case arose when West Coast announced plans to launch a Web site named moviebuff.com. Brookfield, which operates the site moviebuffonline.com, a
April 23, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Acquiring a domain name registration does not give someone priority in obtaining a trademark on the name, the Ninth Circuit U.S. Court of Appeals ruled Thursday.
Following the standard test of trademark ownership, the court ruled in Brookfield Communications Inc. v. West Coast Entertainment Corp., 99 C.D.O.S. 2899, that the senior user of a mark used to identify goods or services in commerce is the legitimate owner of the mark.
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