What would be the ruling

[RickyG]

Hello All,
I would like to know what the ruling would be, if this was to happen:

I just bought a site and DN. It is a .net. It has been established for 1 year. The .com is 1 year older, but is parked and always has been.

If I trademark my name, what would the ruling be for the .com, if I wanted it?
Again...courosity...
RickyG

 

[tricolorro]

Hello All,
I would like to know what the ruling would be, if this was to happen:

I just bought a site and DN. It is a .net. It has been established for 1 year. The .com is 1 year older, but is parked and always has been.

If I trademark my name, what would the ruling be for the .com, if I wanted it?
Again...courosity...
RickyG

:hi:

Hopefully you would (and should) lose Big Time and the .com registrant
gets a Reverse Domain Hijacking decision against you.

Your proposition is shameful...but unfortunately the scenario you propose happens all too often.

Patrick

 

[RickyG]

Hello Patrick,
I thought that was to happen. I am having a friendly debate with another domainer and decided to ask the question here.
RIckyG

 

[tricolorro]

Hello Patrick,
I thought that was to happen. I am having a friendly debate with another domainer and decided to ask the question here.
RIckyG

Hi ricky,

Glad to hear it's a friendly debate and not something you were considering.

Imagine if you owned the domain zero.org.

You feel perfectly protected since it's obviously a 100% generic word.

Then Pirelli Tire Company in Italy files a domain dispute against you claiming your zero.org domain is infringing on their Pzero trademark.

And they win! And you lose your domain.

Not a fantasy. Really happened.
http://domains.adrforum.com/domains/decisions/938092.htm

They also tried to "steal" zero.us but top notch domain lawyer,John Berryhill, successfully defended for the owner.
http://domains.adrforum.com/domains/decisions/938180.htm

There are so many examples that it's scary.

You can never be 100% secure.

Trademark over-reachers and covetous newcomers can come against you
at any time.

There are some arbitrators that are notorious for deciding against domain name holders.

Much depends on who you get as the arbitrator(s).

Patrick

p.s. Search NamePros for FloridaWeekly.com vs Florida-Weekly.com.

It fits the exact scenario you originally proposed.

 

[Dave_Z]

If I trademark my name, what would the ruling be for the .com, if I wanted it?

You'll need a fortune teller to even remotely give you a possible answer.

Patrick gave a few scenarios. But the surefire answer is no one really knows
except the panelist/s if ever you and the other party reach that point.