Perspective
Jul. 22, 2010
Trademark Use In Domain Names
The 9th Circuit, in a recent case involving the Lexus mark, delves into the use of trademarks in domain names by independent resellers, writes Howard Hoffenberg.
An independent reseller/broker can use in a domain name or URL (uniform resource locator) a manufacturer's trademark when a three-part test cannot be satisfied by the manufacturer, according to the 9th U.S. Circuit Court of Appeals in Toyota Motor Sales USA Inc. v. Tabari; 2010 DJDAR 10637 (July 8). In this case, Tabari brokered Lexus brand automobiles and were using the domain names "buy-a-lexus.com" and "...
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