pageoneresults - 2:08 pm on Mar 12, 2008 (gmt 0)

Here's the scenario. The client came up with their business name years ago. It is a very unique name that was developed by taking one of their primary keywords and adding a letter in front. It is really one of those "killer" niche domains.

Unfortunately the .com version of the name was already taken at the time the business was established so the .net version was chosen. I should preface this by saying that the client is not knowledgeable in this area so they really didn't understand the challenges of promoting a .net TLD. The client have made a few attempts over the years to inquire about purchasing the .com from the original Registrant but they are not interested in selling. The domain has been parked since 1999.

Now, in speaking with the client, I've come to find out that they applied for and were awarded a Service Mark on the name itself (it does not include the .net). The name is so unique, that there are only two references to it within TESS and the second one has been DEAD for some time. The first belongs to my client. They were just awarded the SM in 2007.

Does anyone know how this works? If the name is that unique, and the client now have an SM, does the client have some sort of rightful claim to the .com version since it has been parked and unused for so long? I know, seek legal counsel. That is already in the works. I just wanted to get some feedback from my peers whom I know have some quality input for me. :)