I have always understood it that if someone takes ownership of an existing domain that is Trademarked, the creation date is in a sense voided and its the date of when the new owner took possession of the domain is what matters.
Basically, (except for a superbrand where courts differ in the favour of the big spenders) if Person A actively trades under a trademark before Person B does, Person A has the right to use it; this position weakens on a sliding scale depending how far geographically apart both businesses are and how different their products are, and a multiplier based on whether the other party usage of the trademark amounts to "passing off" where such trademark isn't a product trademark but their company name.
Attitudes around domainers are very finders-keepers mentality. However, If Person A registers a domain name before Person B brings the name into use as a trademark... its irrelevant unless Person A has utilized that website as a business (i.e. commenced trading). Furthermore, Person A is likely to be able to offer the domain for sale to Person B rather than lose it through dispute process and Person A is less likely to be able to use the domain for another purpose especially if in a similar line of business and geographical area.
Person A will be able to hold on to registration as long as it doesn't interfere with Person B by means of competition or passing off.
If Person C buys the domain name from Person A, without a website or within a business purchase (i.e. a trading entity), its similar to the limitations that Person A had, except he or she will no longer be able to sit on the domain with a big price tag to sell to Person B. As Person C didn't own it before it was a trademark and wasn't a successor in terms of a business or inheritance, Person B is in effect more protected from
cybersquatting although isn't necessarily entitled to the domain, depending on the specifics of the case.
The above is generalised and will vary depending on jurisdiction. All in all, it is silly to hand reg trademark names, pick up expiring trademark names or buy trademark names. Not everyone is an idiot though, many get away with cybersquatting... even without whois protection, there is absolutely no necessary link between a whois registrant and the legal owner... (the registrant is the legal owner in 99.99% of cases but a court can rule differently) and people can hide behind fake identities giving incorrect names and addresses; or use a stolen credit card. Some might even use the details of a family member - perhaps someone older who doesn't know what a domain is or how to use a computer. Absolutely no chance any company is going to be able to sue a 90 year old for domain name trademark infringement lol. Living on the edge, you might be sitting on some gold with trademark names... you don't have to own the domain, just have control over them, able to receive the payment and transfer. Of course, its high risk, immoral, illegal and should be avoided at all costs. Those who are transparent and genuine (could say "white hat") would be an idiot to get involved in trademarked names... blackhat people... its merely an opportunity. Whois protection (even the worst whois protection services out there) gives some the confidence to take chances...
