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I am not sure if this is the right place to post this topic. I can not understand few cases and I believe you guys can point me towards right direction.

Think about the scinario where Mr.X has bought a domain name xisbiz.com (and .net,.org ,. info, bla bla) for his future online business in 2005. But he didn't apply for any trademark at that time. In 2008 he started his online business. And he still hasn't applied for trademark. In 2009, Mr.Y (most probably an opportunist) filed for a trademark "xisbiz".

Now, my problems are-

  1. Since Mr.X is doing business with that company name "xisbiz" and website xisbiz.com . What is the posibility for Mr.Y to get the trademark on that name?

  2. If Mr.Y gets the trademark on that name, can he sue Mr.X for infringing the trademark?

  3. If Mr.Y gets the trademark on that name, can he claim that domain name ?

  4. If Mr.Y gets the trademark on that name, can he sue Mr.X for infringing the trademark by using that name for the domain name?

  5. If Mr.Y gets the trademark on that name, and also claims that domain, will he be bound to buy that domain name for the price set by Mr.X? Or, he can aquire it by simply complaining against Mr.X?

  6. Will there be any advantage for Mr.X in this scinario because he is using that name for a while (and may be the first to use for online commarce)?
  7. If Mr.Y gets the trademark on that name, will there be any possibility for Mr.X to still use that name and domain name in the country where the name was trademarked by Mr.Y or outside without any blockade?

I believe lot of you have face these scinarios or at least did some research on. Please also suggest me some reading metarials on the relation between trademark and domain name.

Thanks

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closed as off topic by jscott, sysadmin1138, Ward, Tom O'Connor, Bill Weiss Oct 21 '10 at 20:13

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1 Answer 1

A domain is only infringing on a trademark when a court decides so. Not sure where LawyerOverflow stands in its progress, but I don't think ServerFault is the place for this. You should consult real legal counsel.

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+1, this is a legal, not technical, question. –  phoebus Oct 21 '10 at 19:27

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