Can someone answer this "sticky" question?

[binaryman]

Need some help on this one.
Recently after some thinking I came up with a great name for a music site I want to develop. I wanted to register both the .com and the .mobi version of the name. I noticed then that the name was taken already in the .com version but is available in every other extension including .mobi. There is no site on the .com version and the page resolves to nothing. Checking the WHOIS of the .com I found that the owner is one of the largest music entertainment businesses in the world. The name we are talking about is also not being used by them at the moment in any way outside of the internet either (Googling the name brings up nothing)
I then checked the TESS trademark database and yes the company has trademark rights filed on the name and the trademark is live. The trademark was applied for in 2007 and published also in 2007. The .com site was also registered at that time.
So it's obvious that this company has plans to use this name at some stage in the future.
Now my question is this: If I go ahead and register the .Mobi name and the .EU name can they challenge me? Remember they have not used or activated the name yet nor have they build up any kind of image or brand or anything with this name. The name is still dormant. Or does that mean nothing?
Just like to know if it would be better not to register the name in .mobi and .EU and rather try find another name.
Regards
Fred

 

[evertonian7uk]

just my opionion, but if its a big company, if they do develop the sites, they could come after you, usage plays a huge part, and i persume your both going to be in the same field, it is tricky, because you'll deleop first, but they hold the TM and big companies have big bucks.

 

[binaryman]

Thanx evertonian7uk. Guess best left alone then.

 

[evertonian7uk]

thats not to say dont do it, just be preperd to lose it if it comes to that, it really could go either way, best to get another opinion from someone else, the above is just mine.

 

[IAmAllanShore]

Last 1/2 of the second 1/2 of this post in answer to your other question:
http://www.namepros.com/2721784-post7.html

-Allan :gl:

 

[flamewalker]

"best left alone" ... you said it best