xyzTV.com vs. xyz.TV ----Who’s got legal rights?

[Blastoff]

“xyz” for discuss's sake, is a specific business/topic.

Individual A buys “xyz.TV” and parks the domain. Individual A neither trademarks it nor registers it as a business.

After individual A bought the domain, individual B registers xyzTV.com and incorporates “xyzTV” and develops a website that specifically says “xyz Television”.

Does individual A loss his/her rights to name and develop a site which is similar in nature to individual B site “xyzTV”? Furthermore, does individual A have legal leg to stand on, considering .TV means Tuvalu?

I was discussing this topic with an attorney who does not specialize in trademark law. We did not come to a reasonable conclusion and wondered if anyone had insight into the topic. All opinions welcome.

Sincerely Stumped,
Blastoff

 

[Dave_Z]

Does individual A loss his/her rights to name and develop a site which is similar in nature to individual B site “xyzTV”? Furthermore, does individual A have legal leg to stand on, considering .TV means Tuvalu?

If individual B has established trademark rights on xyzTV for a specific usage,
individual A may no longer develop xyz.tv commercially similar to that or they
risk infringement. And if the domain name's parking page shows ads to, say,
competing products/services of that mark, individual B can treat it as such.

The thread below can give you an idea or so on a limited but similar scenario:

http://www.namepros.com/showthread.php?t=425182

There are some decisions indicating the domain extension doesn't matter. The
trademark holder, if any, can opt for any available dispute resolution process
depending on the extension and where its registrar or Registry is located.

At the end of the day, though, it boils down to likelihood of confusion, which
is what trademarks aim to prevent.

Just tell that attorney to talk to one who specializes in this thing. I have read
somewhere that Philadelphia has the best IP attorneys. :D