Business First?

[Dave Zan]

I'm going to paraphrase what one attorney has posted in another forum
because it's happened before. This is one exception to what is discussed
here.

Let's say you registered defg.com and put up PPC ads using your fave
PPC provider. You've earned good income from it.

Three months later, someone sells rubber bands, naming it defg. Then
after one year of selling it successfully under that name, they hop over
to the USPTO and file a registration to give constructive notice they've
established trademark rights to the term to sell rubber bands only.

Things go well for both the registrant who's got defg.com and the other
party who's still selling rubber bands. Both are going their merry ways.

But...

Six months later, the PPC ads for defg.com show those for selling rubber
bands. Someone tells the party selling defg rubber bands of such, and
they send a C&D letter to the registrant of defg.com to hand the domain
name to them or else.

This is because the party believes the registrant is perceived to be riding
on their established trademark rights. All the other party has to do is to
capture screenshots of what defg.com was showing that time (especially
the rubber band PPC ads) to prove the registrant has bad faith intent.

I apologize I don't exactly have the link to a specific case detailing more
about this. I'll look for it and post it here as soon as I can, but what I had
posted can at least give you an idea what to expect.