Or vice versa.
What if they just park their version of the domain?
What do you do about it?
If you registered the hyphenated version of a domain and left the non-hyphenated version available for someone else to come along and register, you would deserve whatever happened. (And I guarantee you wouldn't like it.)
Grab them both if they're available, even if you only use one. It's cheap insurance to protect your branding.
When you register a domain name for the first time, my understanding is that you have the right to register it as a TM (providing there's no conflict). If you did so, and it was hyphenated, would the use by someone else of the exact same domain, but unhyphenated, be illegal, even if merely parked?
I know of one case where someone has an official trademark on the unhyphenated version of a three-word domain, but someone else has the hyphenated version and is using it to promote a different company. That's the reverse of the situation you were outlining, though, and for all I know there might be legal battles going on behind the scenes about it.
domain registrations have no bearing on trademarks, at least in the US. Trademarks can have a bearing on domain registrations, though.
I've done some research and our domain name is a generic term anyway, so it cannot be registered as a TM.
If, however, it was a registered TM, and somebody had the non-hyphenated domain, it appears we could then claim inringement because it is similar to ours. It doesn't have to be identical. But the strength of your case depends on what they are doing with it.
The ICANN process against cybersquatters is quoted to cost $1-2.5k!
Kirby said:
"domain registrations have no bearing on trademarks, at least in the US."
I'm clearly a novice, but an hours research has shown me that statement is grossly misleading on several counts.
All web publishers need to familiarize ourselves with TM laws, just as we must with copyright law.
It is just as important if you are serious about your sites.
