Hmmm little confused about TM

[idealia 2006]

hi if I owned a domain thats a everyday word lets say unloving.org and their was a company called unloving would they be able to sue me because its their name that they tm'ed or would I be able to argue that its an everyday word and thus I can own the .org version of that word

second instance

If I owned a domain called unloving.org and a comapny opened up a month later or a year later making products called unloving would I be able to keep my domain legally?

 

[labrocca]

What's their usage? What's your usage? If they are the same of confusingly similar you have a problem. A trademark in the basic sense is a word used in business for a certain field. Owning the domain isn't technically a TM violation..it's what you do with it.