08-15-2006, 04:21 AM
This is a very complicated area of law - mostly because it presents uncharted waters - but there are basically two issues:
1, is there a violation of the cybersquatting laws by virtue of the later domain registration having been in bad faith for the purpose of either gaining money or harming the other business, OR
2, is there a trademark infringement? Trademark only applies if the later business is similar enough to the first that consumer confusion will result.
1, is there a violation of the cybersquatting laws by virtue of the later domain registration having been in bad faith for the purpose of either gaining money or harming the other business, OR
2, is there a trademark infringement? Trademark only applies if the later business is similar enough to the first that consumer confusion will result.