generic domain and trademark

[pelican]

I am curious about the following scenario with generic domains.

Assume there is a registered company FISHING Co and they have a registered trademark FISHING for their fishing equipments.

And I have a generic domain name FISHING.xx (where xx could be ccTLD)

I then register and setup a company (Eg. XYZ Aquashop) selling my own brandless fishing equipments with my online store at FISHING.xx

Will that FISHING Co come to me and snatch my domain away? (assuming i did not try to pass off as their brand, just selling my own fishing equipments or reselling other brand of fishing equipments)

 

[Theo]

The answer depends on several parameters and you'd need to consult with an IP attorney on that. For example, when Amazon.gr set up a bookstore, Amazon Inc. filed a UDRP and won. In other cases, the opposite happened.

 

[draggar]

I am not a lawyer (and as Acro suggested - you should talk to one about this) but I don't think you can register a TM for a generic team for the meaning of the generic term.

If their trademark is "Fishing Co" or "Fishing Company" then to be safe- do not call yourself that.