> Duck Duck Go has a TM application filed on April 2, 2008. Google acquired duck.com's owner in 2010.
For any sort of mark dispute, you shouldn't go by when Google acquired On2, you have to go by when On2 acquired the name. I assume this was closer to the domain creation date of 1995 (or the On2.com creation date of 1999).
Wouldn't it be a factor that On2 isn't/wasn't in the search space at all? Only after the Google acquisition did duck.com come to be associated with search, and then only by virtue of Google redirecting it to their main page.
For any sort of mark dispute, you shouldn't go by when Google acquired On2, you have to go by when On2 acquired the name. I assume this was closer to the domain creation date of 1995 (or the On2.com creation date of 1999).