Dictionary Domain Name Dilution

Domain name case law tells us that the first party to register a dictionary word, such as clue.com, will remain the domain name holder, where both parties have a legitimate right to use the domain name, despite the fact that one company may be the holder of the more famous or distinctive trademark, as Hasbro was in that case. TTAB decisions tell us that E + generic term may = merely descriptive, as in e-ticket, and therefore render the word unregistrable.

So then what about E + dictionary term, such as eVisa. Slam dunk, right? Think again. In what Wired News is reporting as the first win of its kind, the corporate trademark holder for VISA has prevailed over a dictionary word and the domain name registrant of evisa.com.