Expiring Domains - TM Issues

[FusionX]

Why are there a lot of TM issues associated with Expiring names?

Okay, a company (say Microsoft) owns microsoft.com. Lets say that this domain is near expiration and despite the notification of the registrar, they fail to renew it. Now the name is deleted and someone else snaps it.

Shouldn't the buyer be protected in this case, as Microsoft has VOLUNTARILY let the domain to expire. By doing so, are they not letting go off their claim on the said name. After all, there are certain duties of the trademark holder also. They should take steps to protect the trademark. But if they let the domain expire, are they not implicitly allowing others to make use of it?

Does obtaining a trademark mean that you can be as careless as you want and still threaten others with legal action ???

Calling all lawyers and everyone here for their views on this one.

FusionX

[namedropper]

You aren't approaching this from the right angle. Even if you assume they voluntarily dropped the name (which isn't going to be true in most cases) it still can never excuse cybersquatting.

Certain names aren't really usable by anyone else. Microsoft.com would be an example. If it expired, yeah, they screwed up, but since nobody else could possibly have a legit use for that name, nobody else should get it. And if someone else does get it, then Microsoft has the right to take it away. Expired or not isn't an issue. If you register a name that conflicts with someone else's trademark and intend to use it that way you screwed up, regardless of whether it's a new registration or picking up one that expired.

IF the name can be used for another field and doesn't conflict with the trademark, then, sure, someone else can register it. That's back to the old Apple (computers and related products and services) versus apple (everything else that word could stand for) example. Of course if they then try to use it in a conflicting way they'll still run into problems (just because you could use Apple to sell fruit doesn't mean you would get away with trying to use it to sell software).

The threatening with legal actual has nothing to do with whether it expired or not.

[cwsteam.com]

most domains are lost by mistake/ignorance.

[diverge]

I like to compare virtual concepts like this with physical concepts that are easier to visualize. The analogy falls apart fairly quickly, but it's fun to do...

If a store (say, Wal-mart) throws their sign in the trash, it's pretty much fair game. You can raid the trash if you want, but you had better be careful what you do with it. If you keep it hidden (analogous to a non-resolving domain) then you are probably fine. But if you put it up out front of your store, you are probably going to get in trouble.

Okay, this is a terrible analogy, but it makes sense in my mind.