again there is no trademark on the term.
What makes you say that?
I'm pretty tired of rolling the same rock up the hill, but they do
NOT need federal registration to demonstrate a trademark.
If they've been around for 30 years, then I'd be shocked - shocked - that they have not engaged in considerable advertising and promotion using those call letters as a mark.
It is just waaaaay too late in this game for domainers to believe the USPTO database is "the list of trademarks".
What's astoundingly pathetic about the "advice" in this thread is that
call letter cases are one of the most mundane and common fact patterns in the UDRP.
The advice in this thread is utterly brain-damaged.
http://domains.adrforum.com/domains/decisions/96363.htm
Complainant, The WBEZ Alliance, Inc., is an Illinois not-for-profit corporation. Complainant has owned and operated one of the nations largest radio stations under its common law marks since 1990. From 1943 to 1990 the mark was owned and operated by the Chicago Board of Education. Currently, Complainant is the only broadcaster using the call letters "WBEZ" in the world. Complainant maintains an audience of almost a half million listeners each week.
http://domains.adrforum.com/domains/decisions/135008.htm
Complainant, Clear Channel Communications, Inc. was assigned the radio station call letters WKGR by the Federal Communications Commission (“FCC”) on March 10, 1984, and has broadcast under that station identifier in West Palm Beach, FL, since that date. Complainant has expended significant time, money, and effort establishing public recognition of its mark as identifying it as the source of its radio broadcast services. These expenditures include the use of its call letters during radio broadcasts, on signs and advertisements, as well as on brochures and other promotional materials.
http://domains.adrforum.com/domains/decisions/155460.htm
The fact that Complainant has operated the television station under the call sign WAWS since 1981 supplies the rights necessary to satisfy the requirement of Policy ¶ 4(a)(i).
WAWS is identical to the domain name <waws.com>. The only difference between the two is the addition to the domain name of the generic top-level domain (gTLD) “com” after the letters waws. The top level of the domain name such as “com” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar. See Pomellato S. p. A v. Tonetti, D2000-0493 (WIPO July 7, 2000); Rollerblade, Inc. v. McCrady, D2000-0429 (WIPO June 25, 2000).
http://domains.adrforum.com/domains/decisions/637920.htm
The Panel finds that Complainant has established common law trademark rights in KUHF by virtue of continuous commercial use for more than 55 years. Complainant submitted many pages of exhibits evidencing the widespread, long-standing public recognition of its radio station KUHF and its specialized programming, a long list of prominent national and local financial supporters, and the FCC designation of the call letters KUHF to Complainant’s radio station.
http://domains.adrforum.com/domains/decisions/724378.htm
Complainant, Capstar Radio Operating Company, has used the WAMX mark in connection with the operation of its FM radio station, WAMX 106.3, since May 29, 1997. Complainant was assigned the WAMX station identifiers by the Federal Communications Commission (File No. BLH 19970529KA assigned May 29, 1997), and uses the identifiers as its mark in connection with radio broadcasting and with events and promotions sponsored by the radio station, including the popular “Babe of the Day” promotion, as well as the “WAMX X-Fest” concert series. Additionally, Complainant utilizes the WAMX mark in conjunction with various advertising and promotional materials, including signs, print advertisements and brochures. Complainant has registered the <x1063.com> domain name, and uses its website to inform Internet users about its radio broadcasts and accompanying events and promotions. The WAMX mark is used prominently throughout Complainant’s website.
http://domains.adrforum.com/domains/decisions/882170.htm
Complainant has established rights in the common law trademark WLIW through more than thirty years of continuous and extensive use. It is undisputed on this record that Complainant has created substantial consumer recognition in the WLIW mark sufficient to establish its rights in the mark pursuant to Policy ¶4(a)(i). See Tuxedos By Rose v. Nunez, FA 95248 (Nat. Arb. Forum Aug. 17, 2000) (finding common law rights in a mark where its use was continuous and ongoing, and secondary meaning was established); see also Keppel TatLee Bank v. Taylor, D2001-0168 (WIPO Mar. 28, 2001): “[O]n account of long and substantial use of [KEPPEL BANK] in connection with its banking business, it has acquired rights under the common law.”
How is the domain used right now ?
That's one of only two relevant questions in this fact pattern. The other relevant question is whether they use the call letters as a mark (some stations don't).
And in answering "How is the domain used?", the answer is
not "well, it could stand for this, or it could stand for that, or it might be useful for something else" - the answer is
how is it being used in this universe, not some hypothetical alternate reality.
