LAIPLALAIPLA
LAIPLALAIPLA
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact

CAFC Corrects SLANTS Opinion Regarding Cybersquatting Protection

February 16, 2016| in The TTABlog| by John L. Welch

On February 11, 2016, the CAFC issued an errata sheet (here) in connection with its opinion in In re Tam, 117 USPQ2d 1001 (Fed. Cir. 2016). [corrected opinion here]. The court had listed as one of the added benefits enjoyed by a federal trademark registrant is the ability to prevent cybersquatters from misappropriating the mark owner’s domain name under Section 43(d) of the Lanham Act. That was not correct, since a federal registration is not a prerequisite to a cybersquatting action under 43(d).

The Slants Pageantry

The CAFC’s errata sheet states:

Please make the following changes:

Page 6, lines 18–19, delete “prevent ‘cybersquatters’ from misappropriating his domain name, 15 U.S.C. § 1125(d)”.

Page 34, line 37 to page 35, line 2, delete “It cannot prevent ‘cybersquatters’ from misappropriating the mark in a domain name. Id. § 1125(d).”

Perhaps the court should also correct its error (at page 39 of the corrected opinion) where it states that one of the benefits of copyright registration is use of the C-in-a-circle symbol. In fact, any copyright owner may use the C symbol, regardless of whether the copyright has been registered.

IP Blog Categories

  • Announcements
  • Events
  • LAIPLA News
  • The TTABlog
  • Uncategorized
  • Wegner's Top 10
  • Wegner's Writings

Archives

Previous

TTAB Test: Which One of these Three Section 2(d) Refusals Was Reversed?

Next

Report on February 15th Meeting of TPAC (Trademark Public Advisory Committee)


Since 1934, LAIPLA has been educating and connecting members of the local intellectual property legal community

Pages

About 
Events
Membership
Sponsorship
Contact
Privacy Policy

Search
Contact

LAIPLA
1621 W 25th Street
Box 633
San Pedro, CA 90732
Phone: (323) 285-1654
Fax: ( 310) 878-0517
Email: office@laipla.net

© 2025 Los Angeles Intellectual Property Law Association. All Rights Reserved | Website design by Arclight Digital.