How, do I know when the name has been a trademark?? such as loserz.com... is that automaticly trademark name?
Domain names don't bestow trademark rights to anyone unless otherwise said by the registrar or the Registry. If it's a CNOBI domain name, they currently don't give such. How to establish intellectual property rights to it, trademarks in this case, is dependent on whose jurisdiction the party is based at.
If you are in the US, you can do your own search on the US Trademark office website, go to uspto(dot)gov. It might be confusing, but if you take your time you can see active, pending, expired etc. These are only trademarks that have been registered in the United States.
I'm a little confused. I've been using my domain name as my brand since I've registered it, and, were I business, would consider it my business name. Because I'm using it as such, is some level of protection allowed me? (I'm in the U.S.) In particular, a 'made-for-se-spam' site is using my domain name and content, to a limited extent. I'd like to have some legal basis for my request that said site remove my content, other than the obvious.
The US recognizes "common law" trademarks, which basically means you don't need to register it to establish rights to the name - however, if you were not the first person to start using the mark, you might not be able to claim ownership. There are a lot of name which are too generic to be trademarked, and as a general rule, the vast majority of names have already been used. Unless your name is very unique or being used in a unique way, you probably won't be able to get a trademark. Trademarks are granted by classification, and there are over 40. In theory, there could be many owners of a trademark for the same word (there are several owners of a trademark on "MySpace" but each has specific usage rights). Taking content from your site wouldn't be trademark infringement, it would be copyright infringement. If your site was a hosting site called "purplemonkeys.com" and assuming you were the first person to use it for hosting - you could claim trademark infringement if someone registered "purple monkeys.net" "purplemonkey.com" "purple-monkey-hosting.info" and used the domain for hosting. If they were using "purplemonkey.net" as their domain for a t-shirt printing business, then a trademark infringement claim wouldn't be near as strong, and likely not able to be enforced (different classification usage). Intellectual property rights can have a lot of grey areas and you should really consult an attorney who can research your exact name and then advise you.