joined:Sept 21, 2005
Not wanting to push the rules of the forum charter, I would pose a hypothetical question:
Let's say a person is the registrant of a fairly generic but live federal trademark and has operated a business in a specific market under that name for a few years. I understand this person may have no legal standing to enforce the transfer of a domain that was registered prior to the mark, but what if that domain enters pending delete status and were about to be registered by a 3rd party?
Under ICANN rules, is the registrar obliged to transfer the dropped domain to the trademark holder? Or, can the 3rd party register and use the domain to compete in the same market? Hmm.