I was wondering if Im trying to Register a .mobi name that hasnt been register yet but someone has already register that name with a .com behind it, would that be breaking any TM laws?
Thanks
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Trademark laws are a tough one to deal with. often times, it comes down to what the name is that you're registering and also the trademark rights that another company may have over it. I suggest you check Sedo's Domain Law resource page (http://www.sedo.com/legal/index.php4?tracked=&partnerid=25303&language=us) for a bit more information and some extremely helpful links and cases.
Although I'm not an attorney, I can say that often times, most generic names are not at risk, and even some less-generic domains. The best bet, if you're ever not sure, is to contact a trademark attorney or your local BAR association. Generally speaking, only someon who studied this can give you truly accurate information about risk of trademark infringement.
Hopefully, that clarifies some. If you need any more information, feel free to PM me. Otherwise, have a great weekend and good luck!