you can have any domain name with any dot name unless the name is trademark protected. if you got the domain before a trademark was imposed on it, you can still keeping it.
I don't see why not, because what if you start a company with the .net domain and have it trademark then couldn't you sue the .com guy? So its a back and forth kinda of thing... Or would they base it on when the company or domain was established? Hmm..
well thanks a ton!!! for writing such a cool and nice replys.. now would like to tell u... that i am in india.. not to sure, and i tried once.. here we have the names .. i developed techwhack.blogspot.com (free server) that is based on tech information and the person who owned techwhack.com send me some good amount of legal knowledge (legal threats) and many other information like "he is planning to going ahead for making it trademarked" and blah blah stuff.. i was not too sure, what to do or what not too...He also purchased one domain, which was after my name - ankurlekhi.com on which he had posted many cool stuff about me.. (later i bought the domain from him) and i left posting on that domain.. So what do you people say should i start posting it again.... bcoz after reading all the reviews here i think i shud start.. still waiting for the expert comments..
He's not required to have it trademarked. If he's established with that name, and you try to use the name with a similar type of business, he can take action to stop you from using it. Of course it's easier to take action and scare people away if it's trademarked.
Perhaps you ought to ask a lawyer since your issue's a legal one. I've yet to see any intellectual property attorney willing to spend time to post and deal with the other nonsense rants made by a few other members here who know nothing about this sort of thing.