What is the course of action...

[Reppy]

... when someone has a domain name that another party has more of a right to own?

Is it straight to court? (meaning the first you know about it is via a served summons) Or are Cease & Desists and other lawyer letters the first shots fired?

 

[DNQuest.com]

It can be handled anyway the TM holder sees fit. They do not have to send a C+D, they do not have to be nice, they do not have to settle with you.

C+Ds are the cheap and simple way to try to settle the matter and to be honest, they usually happen first, but it does not have to heppen. If you got served first, that could mean a couple things. Try to scare you into settling fast. They feel they have an airtight case and don want to deal with you. They have no clue what they are doing and think this is the way it shuold work. They do know what they are doing and want to make an example of you and to use this precedence for future disputes where they can show squatters they won before. Complete ignorance. Looking to bilk the TM holder of billable hours and taking the long approach. I am sure there are other reasons why, feel free to add to it if anyone knows of any.

Bottom line, if there is a TM violation, there is no set way to handle it, I just hope you weighed the risk/reward factor when you registered the domain.

 

[Reppy]

Thanks for the info there DNQuest. A lot of possibilities and scenarios.

Just in case you were wondering, no I'm not in any trouble. :D