trademark interpretation & domain names

[dj2010]

Hi,
I would appreciate any info on the following questions.

Are domain names such as travel, ski resorts, ocean yachts, etc., which appear to be cominations of generic names, generally trademarkable. Notice many web sites using these types of domain names, as an example, and no registered trademarks ?

If you develop a web business using a generic combination for your domain name, such as the ones above, and there are other web sites already developed using these names with other extentions, such as .net or .org, and the sites are descriptive of places or resorts, such as a ski condo chain called "ski resort", would you be infringing on the other established web sites by using that same name with another extension -- assuming that the name in question is not registered as a trademark, and possibly not trademarkable ?

If you develop a web site using a domain name in which you can establish and prove first usage in a global computer network, and someone comes along and trademarks your name for the same class of usage, can that person or company then deny you usage of that name ?
I am the owner of service marks for less generic names, and understand that you have the opportunity to contest reg of a name by another party during the period of opposition, but for this quesion assume that the person actually acquired the trademark and it was after you established usage and presence for the name on the web.

 

[ALawyer]

I don't blame you for being confused as it is confusing and the laws are still under development. The processes and results are not necessarily consistent from one case to the next.

The guy who had developed Barcelona.com lost it to the city of barcelona as an arbitration panel so decreed.

There is also the issue of common law vs. registered trademarks. If someone had an unregistered but long standing trademark - say xBay - the fact that he later got it registered as a trademark may mean the person holding the xBay domain loses it -- not solely because of the registration but because it was a prior trademark! And as trademarks can be issued in different classes does not mean someone should lose the domain name in another field. But it does mean that if the name is important, get it registered as a trademark