If a brandable DN would be copied by a company?

[Genialnames]

What would be the situation in the case of a registration of a Domain Name .com (note : it would be a non previous existing word) that sound good and it is brandable, and then a company copy it and use it for the company name or for a product brand, and even register it as Domain name in some other extension?

Is it there any known case?

 

[Ronald Regging]

Basically, by using the name it gives you a TM for it. You don't necessarily have to file a TM, you just need to prove that you used it in commerce first. But then it goes back to how they use the name as well... If they offer a service or product that is completely unrelated to what you offer, then they have every right to use the name.
Use goes both ways.

TMs aren't setup to completely protect a name, they are setup to protect names within a specific category of business. So you can be X Company and sell tires... they can be X Company and sell fruit..