Even where a brand is established and a trademark is properly registered there are cases where prior common law rights may exist as a result of long term usage. The way historical rights and registered trademarks fit together is not always clear.

One area where this can be a problem is the inclusion of brand names in World Wide Web domain names. This problem is illustrated by the use of search engines to locate web pages supporting particular brands. A searcher looking for a specific brand site can be deliberately or accidentally diverted to a competitors web site.

Findtech helps clients to identify domain names or non registered brands and trademarks which have some claim to historical rights. This can help to clarify the position prior to making any decisions about legal action.

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