question Trademark Related Query

[nitg16]

Sorry if this is a stupid question but what happens when:

• I have a domain (and business) that causes trademark conflict,
• but in a different niche than original trademark owner,
• UDRP is denied to the original owner,
• original owner later enters my niche and files a conflict again.

Example: My brand/domain is applefastfoods.com
Later Apple enters in this niche and files a case.

I being the owner of apple brand name in food industry niche before Apple Inc., will UDRP panel now give a decision favouring me?

 

[Jonathan MacDermid]

From how I interpret the rules, I do not see UDRP handing you the other company domain.
I think you would need to go to court if you had a trademark to have the other company rename the part of their business that entered your niche as you could argue the name caused confusion in the market and affected the value of your existing brand. They would then need to rename that division to avoid conflict.

FYI. I am not a legal expert but this is how as a lay person I would interpret the situation.

 

[NorthernDomains]

Apple would have no leverage in that case, since you entered the market before them. Having lost the first URDP wouldn't help their case either.