Hello I am interested in a domain that is XXX.com and the XXX is already trademark of some company(XXX is jut example for 3 letter domain) Well i am wondering if that company can take my domain from me is that possible. If yes i think 98% of XXX.com domains contain already trademarks. Most of the old and big companies have name and trademarks that are 3 letters now is it safe to buy that domain since it contains full companys name please advice thanks
In general, yes. Some considerations - marks are not a means to a global manopoly. If separation between product/service/market/industry exists - legally they would need to prove general public confusion on brand. e.g. if xxx.com was porn & xxx.net was automotive it would be next to impossible for them to prove market confusion. If however you started using the domain to promote shagging wagon with an implied "porn on the road" they would "likely" be able to sustain a burden of proof for infringment. Another is physical country - if the do not have international marks and they are in US and you is UK - no case what-so-ever It is best to result an attorney before invest an amount of productive time on your project.
And where did you get that otherwise inaccurate info? Other than that, fathom practically answered your questions. But hey, why not give it a go if you aren't conscientious about it, right?