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Recent Case Notes & Commentary

PROOF OF TRADEMARK – US STATE REGISTRATION IS SUFFICIENT

A recent decision may be cited to show that a State registration in the United States of a trademark is adequate to prove a trademark under the UDRP. Usually in the US, they are Federal registrations at the USPTO that are used in evidence, but there are several decisions saying that State registrations are acceptable. The recent decision (concerning a Colorado trademark) is:


Ridgegate Investments, Inc. v. Cody McCarthy / Keller Williams Real Estate LLC


The matter had come up before FORUM and was decided there. You may read the decision at https://www.adrforum.com/DomainDecisions/1727947.htm


See also The W.J. Baker Company v. c/o BAKERTUBULAR.COM, FA 1481278 (Forum Feb. 26, 2013) (finding that the Complainant’s registration of the BAKER TUBULAR METAL PRODUCTS mark through its registration with the Kentucky Secretary of State was sufficient to establish rights in the mark). You may read the decision at: https://www.adrforum.com/DomainDecisions/1481278.htm


Need another decision? See Lee Enters., Inc. v. Polanski, FA 135619 (Nat. Arb. Forum Jan. 22, 2003) (Concerning trademarks registered in Montana and Wyoming).

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