Greetings folks,
What happen if you run domain xyz.com and some company later register a trademark xyz? Can they win an ICANN dispute based on the fact that their own a trademark?
Regards,
Alex.

Greetings folks,
What happen if you run domain xyz.com and some company later register a trademark xyz? Can they win an ICANN dispute based on the fact that their own a trademark?
Regards,
Alex.
hmmmm.. depend on items. if xyz running computer business. so your xyz cannot based on that, example your xyz.com selling bra's no worry.
hmmmm.. also depend on registration date. if xyz trademark on 3/3/2008 and your domain registered on 1/3/2007 you won it.
hmmm.. too much need to learn about TM. btw run away from registering TM domain names. make our head explode. :wallbash:

In theory it should be "first come first served" - and people have even coined the phrase "reverse domain name hijacking" to describe cases where somebody registers a trademark on a name that is someone else's domain, and then tries to claim the domain.
However, in practice it doesn't always work that way... you may want to read up on the nissan.com case. Although Mr Nissan won in the end he wasted precious years of his life fighting a Japanese motor company by the same name.
Also, you should be aware that this isn't just about trademarks but also about company names. If a company trades as XYZ Incorporated (or XYZ Ltd) and you register xyz.com then, trademark or no trademark, XYZ Incorporated may well have a claim to your domain.

Thanks guys,
Here is what I found
If it`s ICANN dispute.
In case of decal case
Quote `Moreover, it is significant that the disputed domain name was registered before the Complainant acquired registered trademark rights.`
In court. MXit case.
Quote `Buys says the case sets several precedents. The first is that the date of registration of a domain name is not relevant to a dispute case. “MXit only had to show rights in a name that is similar to the disputed domain name on the date of the dispute and not on the date upon which the domain name was registered.”`
P.S As I haven't posted 5 times yes I am not allowed to post links, so please use google :)
Alex.

As to Nissan case, here is the latest update - Nissan Motor is attempting to obtain a Federal Trademark Registration for computers and computer peripherals among other classes of goods and services.
Looks like it it is best to have domain and trademark covering at least 1 class. Which country offers cheapest trademark registration?
If it comes to court case where is case usually heard? Say a domain owner is based in China can he insist on the case been heard by the Chinese court?

Talking Trademarks ... recent related thread here (http://www.webhostingtalk.com/showthread.php?t=762780&).

By the way, you need consider the reason Of the pruchasing. By the way, i recently purchase a .net and the past owner make to me death threats. I have the .org with five years now, then i had a legitimate reason to buy.
The guy purchase the .com.mx of a company i have registred in mexico, and do problems with that.
I really begin to think are something awful with the general "posesiveness" of the internet domains, for dumb people who cant protect their own symbols.
Anyway , my lawyer suggest me to do the WIPO in some months, for technical reasons.

If it`s ICANN dispute.
Actually those conflicts are usually dealt with according to the UDRP , the Universal Dispute Resolution Policy, if this is a TLD that has adopted this policy. The World Intellectual Property Organization (WIPO) and the National Arbitration Forum are the two organizations that handle most of the UDRP complaints.
However if you're located in the US, you may also be sued in court on top of this.
/FM
PS: I am not a lawyer.