Has this been done for reverse hijacking?

[draggar]

Say I come up with an online service called "Quazzlestump". I register the domain and put up a service based on trivial and quiz based games.

The site becomes successful but I never register a TM.

A few years down the road someone decides to register a TM for Quazzlestump and bases it on quiz and trivia games.

Then, they file a WIPO against me for infringing on their trademark.

Has this been done before? What was the outcome (WIPO links if you have them)?

 

[cbk]

I would assume that your common law first use rights would kick in. Interesting article below.

http://www.thedomains.com/2010/07/0...-common-law-trademark-of-a-hyphenated-domain/

 

[Theo]

It all depends on how good is your lawyer's response.

 

[ecomindia]

the outcome is all case to case
many factors - when you v/s other party registered online services , registered trademark , target segment etc..

i have seen few family member running legacy business for 60-70 yrs and closing it ultimately due to co. reg and tm reg!
but i have also seen many cases , spl while reading wipo where the other party has been penalized !!

i will suggest find a good lawyer asap and post his consultation, put a dispute for TM !

---------- Post added at 10:40 AM ---------- Previous post was at 10:21 AM ----------

Also, like to add, for the family business, we fought till end for the domain, which we never got
the case was more complicated as it was 2 different countries of both the parties

although , ou have the same line of business interest .. that makes more interesting
in our case, the lob was totally different !