Domain TM's

[neilfj]

If I was searching for a domain name to register and I found one, ending in .com And the .net of the domain was registered, would I go to court?

[namedropper]

The existence of a .net version of the name by itself makes no difference one way or another, only the existence of a trademark.

Of course the .net site might be using the name like a trademark, but then other sites with different domains completely might be using the word in question like a trademark. Your best bet is to look at the word you want to get as a .com and see if it's a generic for how you want to use it (then you're free) and if not then see if anyone else uses it (as name of product or service, or company dealing in either, slogon, etc.) in the field you want to use it on.

[neilfj]

Thanks!