This is a question I have been wondering for a long time now and never really got an answer to.
Company A registers
www.domainname.com in 1996. At that time no business or trademark exists under that name. They park this domain name with a simple coming soon page with as they have plans for future devolopment.
Company B comes along and registers
www.domainname.net, uses DomainName as a business name, no known trademarks are made on the name. Other trl's are also registered with the .ws, .biz, .org, .us extensions, etc, and are used in different ways with that name.
In 2004 Company A finally wants to devolop their domain. They incorporate under DomainName Inc. and trademark DomainName for protection.
Where do they stand? Can they sue or be sued?