Quote:
Originally Posted by Mutt
ok, this guy has been squatting on this .com domain for 10 years - let's say i build something real on the .net version. can i then trademark my name and the go after his .com because even though he reg'ed the domain 10 years ago I'm actually running a business on the .net and he's doing nothing but squatting?
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Wow nice so your idea is to fuck someone else over simply because you want it?
Easy answer, NO this doesn't work. You cannot prove bad faith as the TM is created after the registration date and the registrant could have had no way of knowing of your trademark. Bad faith is one of the requirements in a WIPO procedure.
I usually like your posts and what you have to say but that is just foul and you can not justify your actions by saying he's "squatting". He was smart enough to register that domain 10 years ago, he's been paying registration all these years, there is no reason why you should have more rights to that domain than he has.
You can drop me an e-mail with details about the situation and I could take a look at it, give you some good advice.