DOMAIN trademark Question..

[dazedandcold]

What is the name of your state (only U.S. law)? -- -- NEBRASKA

Here is the scenario, I need to know my options as to my new business I am forming.

I am almost going to register my name of my company, but the domain for the name of the company I want to register is taken, I contacted the person they want 5000 dollars for it, and I am going to trademark the name of my company as well, but would I have to pay the register that has owned the domain for 3 years the 5000 to use it for my business? Or is he going to infringe on my trademark though It is most recently being filed as a trademark?

Let me know the steps I have to take, and if you know I can pay you for your time as a escrow agent or to help me obtain the domain I am seeking..
the person is Cyber squatting .

 

[davezan]

the person is Cyber squatting .

That depends on how one defines cybersquatting. But from what you described, the person
really isn't.

Generally speaking, domain names registered before its trademark namesake existed have
good chances of protection against future infringement claims. Whether that person will do
something to infringe your eventual mark (if any) remains to be seen.