.mobi Can a generic keyword .mobi that is trademarked be taken from you?

[domaindigger]

Say there's a company in Australia called "Envy" (a generic word) and you registered Envy.mobi. Will they have a winning case in the eyes of the WIPO/ICANN/Courts ? Can a generic word be trademarked and, if so, can it be contested successfully on an international extension? If not, are there any restrictions in terms of what you can do with the domain?

Thanks guys.

Just found this: http://www.dnjournal.com/legal/sl-genericdomains.htm


But I would still appreciate any input from very experienced domainers.

 

[WeBuyThe.Com]

Apple.com - A TM of Apple Inc.

 

[ATL.tv]

it depends on the nature of "envy's" business. if, for example, they are a kangaroo breeder, you're probably fine. however, if they have a mobile content based internet business, watch out.

 

[italiandragon]

I don`t think so because they had the sunrise to apply for it and unless you contact them trying to sell it...

 

[advaita]

This article might be useful digger

http://www.dnjournal.com/legal/bl-practicaltips.htm

 

[Jeff]

I don`t think so because they had the sunrise to apply for it and unless you contact them trying to sell it...

It is not always that simple ... "bad faith" can be exhibited (and subsequently, proven) in many different fashions, IMHO. :gl:

-Jeff