Manwin No trademark? - GoFuckYourself.com

Radishdreams · 08-18-2011, 07:35 AM

Howdy folks!!

So after hearing some stories about the all mighty Manwin and their trouble with getting a trademark and some Asian chick with the domain "Manwin.co", i looked into it a little more.

Apparently the company never registered for a trademark. But weren't they the ones buying up web properties and aren't they SEO masters of the universe?

Well this chick has a blog and she blogged about the issue she is having with Manwin attorneys and it looks like its getting nice and juicy. Here are the facts i saw....

* Manwin never owned a trademark before this chick regged the domain.
* Her blog doesnt have anything to do with porn and quite the opposite.
* Manwin is trying to strong arm the poor chick into folding and giving up the domain.

From what i have seen, domain owners who usually win domain disputes are usually ones who owned the domain before any trademark. Manwin is also mainly known by mostly the adult entertainment industry so its not like their famous for much else.

Do you guys think Manwin will use its big strong porn powers to psych this chick out of her blog?

seeandsee · 08-18-2011, 07:36 AM

Who are you?

Frosty · 08-18-2011, 07:39 AM

- Private whois
- Domain registered in 2011
- A GIRL???
- Blogging about random stuff on a 'Manwin' domain?

Yeah, right. It's just some webmaster who hates Manwin.

Radishdreams · 08-18-2011, 07:39 AM

Quote:

Originally Posted by seeandsee

Who are you?

The names Radish my good chum. Starting my own tube with a couple buds and i've been following this place for a while. Its like the goldmine. Who... r you?

Radishdreams · 08-18-2011, 07:41 AM

Quote:

Originally Posted by Frosty

- Private whois
- Domain registered in 2011
- A GIRL???
- Blogging about random stuff on a 'Manwin' domain?

Yeah, right. It's just some webmaster who hates Manwin.

Why would they hate Manwin? Their doing what they need to do to be the best. Why hate greatness?

spazlabz · 08-18-2011, 07:46 AM

The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.

Radishdreams · 08-18-2011, 07:50 AM

Quote:

Originally Posted by spazlabz

The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.

Contacted you? who is she? is she for real?

alias · 08-18-2011, 08:38 AM

She's fucked.

Not saying it's fair but good luck.

Domain Diva · 08-18-2011, 08:43 AM

In my view ,If handled correctly it would be very unlikely Manwin would be able to take this domain based on the facts above.

Its not uncommon for large corps to try and obtain domains they want in this way.

ThumbLord · 08-18-2011, 08:58 AM

what Domain Diva stated but the "if handled correctly" is the key IMHO

signupdamnit · 08-18-2011, 09:36 AM

If she really is who she says she is then she could turn this into a PR debacle for Manwin. Most normal people would just let the domain go at this point. If not for nothing then for a few thousand. Because of this I have my doubts as to whether she is who she says but I guess we will see.

porno jew · 08-18-2011, 09:37 AM

sounds like bullshit.

Sly · 08-18-2011, 09:42 AM

I don't really see how a random person would be willing to fight lawyers over a new domain that doesn't really mean much to them. Unless her last name is Manwin and she is stubborn as all hell, it just doesn't make much sense.

scuba steve · 08-18-2011, 09:47 AM

Quote:

Originally Posted by Sly

I don't really see how a random person would be willing to fight lawyers over a new domain that doesn't really mean much to them. Unless her last name is Manwin and she is stubborn as all hell, it just doesn't make much sense.

agreed, i'm sure there was a good amount of money offered too....

woj · 08-18-2011, 09:50 AM

obviously some webmaster is fucking with them...

woj · 08-18-2011, 09:56 AM

Quote:

Originally Posted by scuba steve

agreed, i'm sure there was a good amount of money offered too....

doubt it, they don't really need or want that domain... I bet you all that happened so far is the inhouse lawyer sent a threatening letter to "her" to transfer over the domain...

porno jew · 08-18-2011, 10:00 AM

there are bots that just send them out automatically. i replied to a few myself and didn't seem like there was anyone there to respond.

Radishdreams · 08-18-2011, 10:15 AM

Quote:

Originally Posted by alias

She's fucked.

Not saying it's fair but good luck.

Funny bro. I think she has a shot at winning any case they give her. From what i been hearing today, they offered her 3000 bucks and then 5000 bucks. She is still refusing to sell so maybe money is not a problem for her.

Rad!!!

porno jew · 08-18-2011, 10:17 AM

take the 5 grand who cares ....?

Radishdreams · 08-18-2011, 10:33 AM

Quote:

Originally Posted by porno jew

take the 5 grand who cares ....?

I think we all might have folded at 3k easy. If it did not mean much to us.

Captain Kawaii · 08-18-2011, 10:34 AM

Quote:

Originally Posted by spazlabz

The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.

If she takes her case to Chinese hackers, i.e., mainland public, Manwin will have their hands full for a long time.

L-Pink · 08-18-2011, 10:36 AM

Quote:

Originally Posted by Captain Kawaii

If she takes her case to Chinese hackers, i.e., mainland public, Manwin will have their hands full for a long time.

nice thought.

Radishdreams · 08-18-2011, 10:43 AM

I dont think Mawin think about things like that. If they plan to be the Gods of the industry then they better shape up and get their domains out of the hands of regular folk.

Frosty · 08-18-2011, 10:45 AM

@Radishdreams
Why would anyone care about a .co domain? Seriously? Are you one of those guys who are looking for a quick profit by trying to extort money from big companies? You certainly do look like one, especially because you seem to be very interested in this subject.

The Porn Nerd · 08-18-2011, 10:47 AM

Who....
fucking........................................... ........

cares?

Radishdreams · 08-18-2011, 10:50 AM

Quote:

Originally Posted by Frosty

@Radishdreams
Why would anyone care about a .co domain? Seriously? Are you one of those guys who are looking for a quick profit by trying to extort money from big companies? You certainly do look like one, especially because you seem to be very interested in this subject.

Frosty,
Is this where someone brings a case to people attention and suddenly gets the blame of being the one in the story that's being passed around. If this how you get your kicks daily by starting fires haha?

Well as we know Manwin is a big player int he Adult game and i found it interesting how they buy up so much property and assets yet fail to protect their own. Yes i do find this pretty darn funny partner and ironic.

anything else?

Rad!!!

Radishdreams · 08-18-2011, 10:52 AM

Quote:

Originally Posted by MisterPeabody

Who....
fucking........................................... ........

cares?

If you didn't i don't think you would be here crying about who cares or not. What are you 10? Curious!!

Rad!!!

V_RocKs · 08-18-2011, 10:56 AM

Need to send this to the Christian Science Monitor!

porno jew · 08-18-2011, 10:58 AM

fake nick sounds familiar.

Radishdreams · 08-18-2011, 11:00 AM

Quote:

Originally Posted by V_RocKs

Need to send this to the Christian Science Monitor!

If you want!

Rad!!!

cooldude7 · 08-18-2011, 11:02 AM

either manwin will win the domain or they will buy it, no matter what, cheers.

Frosty · 08-18-2011, 11:05 AM

Quote:

Originally Posted by Radishdreams

Frosty,
Is this where someone brings a case to people attention and suddenly gets the blame of being the one in the story that's being passed around. If this how you get your kicks daily by starting fires haha?

Well as we know Manwin is a big player int he Adult game and i found it interesting how they buy up so much property and assets yet fail to protect their own. Yes i do find this pretty darn funny partner and ironic.

anything else?

Rad!!!

I'm not accusing you, I simply said that it's interesting how you registered just to post about Manwin and their case with that blogger, that's all.

Radishdreams · 08-18-2011, 11:06 AM

Quote:

Originally Posted by cooldude7

either manwin will win the domain or they will buy it, no matter what, cheers.

Well they already offered 5k and its still not sold so like i said if money is not a factor for the owner, it might go to court.

Another thing im seeing is, Manwin must know that they are in no position to win any legal shit since its already offering 5k for the name. Not sure what they are thinking.

Rad!!!

Radishdreams · 08-18-2011, 11:11 AM

Quote:

Originally Posted by Frosty

I'm not accusing you, I simply said that it's interesting how you registered just to post about Manwin and their case with that blogger, that's all.

Since you are not aware of my background or future plans, i will leave you with your speculations Frosty. I am sure in the future you will apologize when you realize who i really am!

Rad!!!

Radishdreams · 08-18-2011, 11:14 AM

Quote:

Originally Posted by porno jew

fake nick sounds familiar.

Try a bit of ENGLISH Mate!

Rad!!!

LuckyMax · 08-18-2011, 11:32 AM

She also contacted me. Seems like a really down to earth girl. I doubt she will sell. She seems to have a good plan in mind.

Radish, seems like your the only one who haven't been contacted yet... ;)

Kenny B! · 08-18-2011, 11:48 AM

As someone who has been in multiple domain disputes all the lawyers and all the kings men won't matter when it comes to an ICAAN domain dispute. Arbitrators look for a few key factors to see if a trademark is being infringed upon then make a decision.

It's very cut and dry when it comes to these things from my experience.

Radishdreams · 08-18-2011, 12:03 PM

Quote:

Originally Posted by LuckyMax

She also contacted me. Seems like a really down to earth girl. I doubt she will sell. She seems to have a good plan in mind.

Radish, seems like your the only one who haven't been contacted yet... ;)

Yes and im a bit pissed at that but i heard word of this and since i got my account approved today i thought hey lets share this juicyness. I find it intriguing as a ex journalist now webmaster that such a big company let something like a trademark and then multiple domains. Manwin.net is even for sale. look at the page. Silly situation when you think of all they have been doing.

LuckyMax, could you send me her contact info if thats ok with her.

Rad!!!

cooldude7 · 08-18-2011, 12:05 PM

Quote:

Originally Posted by Radishdreams

Well they already offered 5k and its still not sold so like i said if money is not a factor for the owner, it might go to court.

Another thing im seeing is, Manwin must know that they are in no position to win any legal shit since its already offering 5k for the name. Not sure what they are thinking.

Rad!!!

lol then the current owner must thinking of pulling few millions out of it. :P

Radishdreams · 08-18-2011, 12:11 PM

Quote:

Originally Posted by cooldude7

lol then the current owner must thinking of pulling few millions out of it. :P

If she is thinking that and she does get it I guess that would show how serious Manwin was about their business! Hope she doesn't get her hopes up though. Just saying!

Rad!!!

baddog · 08-18-2011, 12:16 PM

She should tell them to GFY. She does not have to give it up.

SallyRand · 08-18-2011, 12:22 PM

Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

"Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

The single-word term itself cannot be trademarked.

I have told "Someone" to go pound sand in their ass.

cooldude7 · 08-18-2011, 12:30 PM

Quote:

Originally Posted by SallyRand

Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term.

"Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks.

The single-word term itself cannot be trademarked.

I have told "Someone" to go pound sand in their ass.

tell them to gfy, they dont own internet.

BlackCrayon · 08-18-2011, 12:31 PM

.co is squatter heaven.

Radishdreams · 08-18-2011, 12:34 PM

Quote:

Originally Posted by cooldude7

tell them to gfy, they dont own internet.

Agreed!!

Rad!!!

PornMD · 08-18-2011, 12:35 PM

I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.

Radishdreams · 08-18-2011, 12:36 PM

Quote:

Originally Posted by BlackCrayon

.co is squatter heaven.

Very true. also have to consider use and whether the complainant actually has a trademark or just talking from the rear.

Radishdreams · 08-18-2011, 12:43 PM

Quote:

Originally Posted by PornMD

I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.

You make some good points there. Let me as you this though. does common law rights matter in regards to geographical locations and also does it prove all three things in a UDRP case (Confusingly similar, Legitimate use, and bad faith) or just one?

SallyRand · 08-18-2011, 12:49 PM

Quote:

Originally Posted by PornMD

I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them.

So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees.

FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks.

From the USPTO:

http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712

"What are ?common law? rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application."

"May" means "may or may not" in this instance.

P

Barry-xlovecam · 08-18-2011, 01:03 PM

The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. See Commerce Clause. The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127. If a mark is not in use in commerce at the time the application for registration is filed, registration may still be permitted if the applicant establishes, in writing, a good faith intent to use the mark in commerce at a future date. See 15 U.S.C. § 1051. Both at common law and under traditional Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce.

US trademark law "at common law and under traditional Lanham Act"

08-18-2011, 07:35 AM	#1
Radishdreams Registered User Industry Role: Join Date: Aug 2011 Posts: 73	Manwin No trademark? Howdy folks!! So after hearing some stories about the all mighty Manwin and their trouble with getting a trademark and some Asian chick with the domain "Manwin.co", i looked into it a little more. Apparently the company never registered for a trademark. But weren't they the ones buying up web properties and aren't they SEO masters of the universe? Well this chick has a blog and she blogged about the issue she is having with Manwin attorneys and it looks like its getting nice and juicy. Here are the facts i saw.... * Manwin never owned a trademark before this chick regged the domain. * Her blog doesnt have anything to do with porn and quite the opposite. * Manwin is trying to strong arm the poor chick into folding and giving up the domain. From what i have seen, domain owners who usually win domain disputes are usually ones who owned the domain before any trademark. Manwin is also mainly known by mostly the adult entertainment industry so its not like their famous for much else. Do you guys think Manwin will use its big strong porn powers to psych this chick out of her blog?

08-18-2011, 07:36 AM	#2
seeandsee Check SIG! Industry Role: Join Date: Mar 2006 Location: Europe (Skype: gojkoas) Posts: 50,945	Who are you? __________________ BUY MY SIG - 50$/Year Contact here

08-18-2011, 07:39 AM	#3
Frosty Confirmed User Industry Role: Join Date: Jun 2011 Posts: 130	- Private whois - Domain registered in 2011 - A GIRL??? - Blogging about random stuff on a 'Manwin' domain? Yeah, right. It's just some webmaster who hates Manwin. __________________ suicidalmedia at gmail dot com

08-18-2011, 08:38 AM	#8
alias aliasx Join Date: Apr 2001 Posts: 19,010	She's fucked. Not saying it's fair but good luck. __________________ https://porncorporation.com

08-18-2011, 08:43 AM	#9
Domain Diva Too lazy to set a custom title Industry Role: Join Date: Oct 2007 Location: UK/USA/Canada ICQ : 494318698 Email:[email protected] Posts: 10,180	In my view ,If handled correctly it would be very unlikely Manwin would be able to take this domain based on the facts above. Its not uncommon for large corps to try and obtain domains they want in this way. __________________ Cams-Tube-Dating Domains Available At Trade Prices ! Domains For Sale ICQ:494318698

08-18-2011, 07:46 AM	#6
spazlabz Confirmed User Industry Role: Join Date: Jul 2003 Location: Kentucky Posts: 6,548	The owner of Manwin.co contacted me a couple of weeks ago and we've chatted a few times. She seemed pretty committed to retaining the domain. Out of curiosity I would be interested to see how this turns out.

08-18-2011, 08:58 AM	#10
ThumbLord Confirmed User Industry Role: Join Date: Jan 2009 Location: Aruba Posts: 1,932	what Domain Diva stated but the "if handled correctly" is the key IMHO __________________ We Sell Domains \| ThumbLords \| ICQ 128106905 \| TubeLords \| Traffic Holder \| eRoken

08-18-2011, 09:36 AM	#11
signupdamnit Confirmed User Industry Role: Join Date: Aug 2007 Posts: 6,697	If she really is who she says she is then she could turn this into a PR debacle for Manwin. Most normal people would just let the domain go at this point. If not for nothing then for a few thousand. Because of this I have my doubts as to whether she is who she says but I guess we will see.

08-18-2011, 09:37 AM	#12
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	sounds like bullshit.

08-18-2011, 09:42 AM	#13
Sly Let's do some business! Industry Role: Join Date: Sep 2004 Location: Austin, TX Posts: 31,227	I don't really see how a random person would be willing to fight lawyers over a new domain that doesn't really mean much to them. Unless her last name is Manwin and she is stubborn as all hell, it just doesn't make much sense. __________________ Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted Fully Managed VPS, Daily Backups Included - Starting at $25. Contact for more info. Sell me your: Paysites and Hosting Company. Buy my: Aged Domains and Sites

08-18-2011, 09:50 AM	#15
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,883	obviously some webmaster is fucking with them... __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

08-18-2011, 10:00 AM	#17
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	there are bots that just send them out automatically. i replied to a few myself and didn't seem like there was anyone there to respond.

08-18-2011, 10:17 AM	#19
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	take the 5 grand who cares ....?

08-18-2011, 10:43 AM	#23
Radishdreams Registered User Industry Role: Join Date: Aug 2011 Posts: 73	I dont think Mawin think about things like that. If they plan to be the Gods of the industry then they better shape up and get their domains out of the hands of regular folk.

08-18-2011, 10:45 AM	#24
Frosty Confirmed User Industry Role: Join Date: Jun 2011 Posts: 130	@Radishdreams Why would anyone care about a .co domain? Seriously? Are you one of those guys who are looking for a quick profit by trying to extort money from big companies? You certainly do look like one, especially because you seem to be very interested in this subject. __________________ suicidalmedia at gmail dot com

08-18-2011, 10:47 AM	#25
The Porn Nerd Living The Dream Industry Role: Join Date: Jun 2009 Location: Inside a Monitor Posts: 19,227	Who.... fucking........................................... ........ cares? __________________ My Affiliate Programs: Porn Nerd Cash \| Porn Showcase \| Aggressive Gold (Coming Soon) Over 90 paysites to promote! ICQ: 579915163 Skype: peabodymedia

08-18-2011, 10:56 AM	#28
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,306	Need to send this to the Christian Science Monitor!

08-18-2011, 10:58 AM	#29
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	fake nick sounds familiar.

08-18-2011, 11:02 AM	#31
cooldude7 Confirmed User Industry Role: Join Date: Nov 2009 Location: Heaven Posts: 4,306	either manwin will win the domain or they will buy it, no matter what, cheers.

08-18-2011, 11:32 AM	#36
LuckyMax Registered User Industry Role: Join Date: Apr 2006 Posts: 55	She also contacted me. Seems like a really down to earth girl. I doubt she will sell. She seems to have a good plan in mind. Radish, seems like your the only one who haven't been contacted yet... ;)

08-18-2011, 11:48 AM	#37
Kenny B! Confirmed Abuser Industry Role: Join Date: Jun 2003 Location: Montreal Posts: 5,714	As someone who has been in multiple domain disputes all the lawyers and all the kings men won't matter when it comes to an ICAAN domain dispute. Arbitrators look for a few key factors to see if a trademark is being infringed upon then make a decision. It's very cut and dry when it comes to these things from my experience. __________________ Kenny -at- YourPaysitePartner.com Skype: kennyb514 Do business with us: Your Paysite Partner Kenny's Pennies Sticky Dollars Radical Cash Indie Bucks Stand Ahead Read My Ambush Interview Here

08-18-2011, 12:16 PM	#41
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,090	She should tell them to GFY. She does not have to give it up.

08-18-2011, 12:22 PM	#42
SallyRand So Fucking Banned Industry Role: Join Date: Jan 2008 Location: In A Galaxie Far, Far Away! Posts: 3,487	Funny, I am presently in a similar conflct with someone over the use of a certain term. The "someone" has never claimed trademark, has never filed for trademark but is now bitching and whining because I am using the term. "Someone" hasn't got a leg to stand on. The term is ubiquitous, in that any number of people are using it and also a geographic name and can only be trademarked, if at all, when combined with other words or marks. The single-word term itself cannot be trademarked. I have told "Someone" to go pound sand in their ass.

08-18-2011, 12:31 PM	#44
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,624	.co is squatter heaven. __________________ you don't know you're wearing a leash if you sit by the peg all day..

08-18-2011, 12:35 PM	#46
PornMD Mainstream Businessman Industry Role: Join Date: Jan 2007 Location: San Diego Posts: 9,291	I'm not sure how it would result in bad press for Manwin. Google did the bullying thing at least once in a similar case and besides a tiny bit of press about it, it doesn't seem to have affected them. So Manwin.co is wasting their time trying to keep that ridiculously crappy domain. Enjoy the legal fees. FYI Radish, look up common law trademarks and note that domains have been taken from people by companies with mere common law trademarks and no registered trademarks. __________________ Want to crush it in mainstream with Facebook ads? Hit me up. Last edited by PornMD; 08-18-2011 at 12:37 PM..

08-18-2011, 01:03 PM	#50
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. See Commerce Clause. The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127. If a mark is not in use in commerce at the time the application for registration is filed, registration may still be permitted if the applicant establishes, in writing, a good faith intent to use the mark in commerce at a future date. See 15 U.S.C. § 1051. Both at common law and under traditional Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce. US trademark law "at common law and under traditional Lanham Act"