Due to the overwhelming number of people who seem to not understand trademarks and domains I started this thread for a logical discussion on them. First lets start off with trademarks: From Wikipedia: http://en.wikipedia.org/wiki/Trademark Here's what it means. Apple can get a trademark for use on electronic devices, computers and hardware. But if they dont trademark the word apple for a clothing brand, fishery, restaurant, beverage etc... then they cant extend their trademark on the word apple to those industries. Conversely they may be able to keep their actual logo from being used in these same ways. (If Welch's apple juice suddenly had teh distinctive apple computers logo on it, apple computers - known now as apple inc. - would file an infringement suit). In the early domain days people were pickuping up domains like McDonalds.com and Walmart.com and holding them for ransom against the trademark owners. Early on many of these businesses paid for the domains, eventually they began suing the domineers which lead to the ICANN UDRP. Read about the UDRP here: http://www.icann.org/udrp/udrp.htm Legal cases including the UDRP here: http://www.internetlibrary.com/topics/domain_name.cfm Remember courts thrive on precedence. the above cases could help guide your domain business. There was even a case where a man registered a domain containing 'moviebuff' but never used it. Then was sued for violation of a trademark filed after the name was registered. The new trademark owners were using the name and since defendant couldnt provide adequeate usage of the name before he lost the suit. If you get sued DO NOT offer to settle by selling the domain. In 2000 CBS sued over CBS.org and won when the defendant offered to sell them the domain during a settlement hearing. The judge found that to be 'bad faith' usage of the name. Had he continued fighting and waiting CBS most likely would have had to offer him money to get the domain. Remember, a trademark owner can offer you a settlement---you can not offer them one.
here is a good example. In the following a company has registered a domain name for a brand it is working on launching. Now the brand isn't ready yet so they haven't began use, however, my guess is that they proved through business plans, budgets, logos etc.. that they were still developing the product. It appears both companies were granted a trademark on the word 'chambord' for different uses. When the domain wasnt used one company sued the other. The defendant won because they proved that they were going to use the domain for a new product and had been granted a trademark.
Here is a good example used under the ACPA (we did not discuss). In this one a person registered coca-cola's name in different domains and used them to drum up donations for anti-abortion activites. Today this would fall under 'bad faith' as well in the UDRP
here is another good example. It basically says the first one to use it wins. This case could allow you to file common trademark infringements against squatters using the .com or .net versions of your name. Notice that the first to market with the name was 'edgar-online' and not 'edgaronline' this would not fall under the UDRP or ACPA, but rather the Lanham Act. I would also suggest looking at the Jews for Jesus v. Brodsky case. Which lended that Jews for Jesus registered jews-for-jesus.org and used it first, then mr. brodsky registered jewsforjesus.org in an attempt to interrupt their business.