Let's pretend that I'm going to start selling Spongebob Squarepants merchandise online.

I find out that spongebob.com is available.

If my business takes off can the creators of spongebob come in and take my domain name?

What if the name is krustykrab.com? (The place where spongebob works for those who haven't been following the spongebob saga :) )

I have a really neat name in my head that I want to register, but it is an obscure reference to a type of person in a movie, and I've never heard this word being used in another other movie except this one.

I just don't want to get this business off the ground only to find out that the "owner" of this term can come in and basically shut me down.

Sorry for being so vague, I just don't want to say too much in case someone else thinks its a good name and takes it before I can get it registered. :)

If there is a registered (or unregistered) trademark in the domain name you are thinking of and your website infringes on that trademark, you're likely to lose a WIPO action against you. You are best advised to seek legal advice.

Stu2's right: Seek legal advice. Whether there's a registered trademark or not.

I am not a lawyer, but one of the criteria for 'them' to 'take' a domain from 'you' is their demonstration that you have no legitimate interests in the name. If you're selling something related to the name, operating a fan club, etc., they may be unable to wrest control from you. But the best thing to do is talk to an attorney. Minimally, you should read the UDRP stuff on ICANN's site so that you're up to speed on the policy when you chat with your attorney.

Sorry for being so vague, I just don't want to say too much in case someone else thinks its a good name and takes it before I can get it registered. :)

Why don't you register it anyway? At most if it is taken away from you, you'll lose 10 dollars or so. You'll get much better advice from the members here and perhaps even from any legal advisor you may consult if you can reveal the domain name in question.

On second thoughts, register it anyway but don't reveal it here. You wouldn't want your doubts made public during any lawsuit in the future.

Just my confused two cents...

G. Amik

For a basic idea. Depends how you're planning on using the domain.

And to put it simply, if the Spongebob owners "wanted" to take it. They could.

If you buy krastykrab.com and plan on selling krusty burgers. Then you might be in hotter water.

In order to protect a trade mark a company cannot allow it to become public domain.

IMHO it is not if the Spongebob owners "wanted" to take it, more that they need to take action in order to protect the trademarks from becoming public domain.

Wikipedia has a great article on trademarks.