Thanks
Dunnthat
In practise, it all depends on the actual word that is used as a trademark. If it is derived from a very commonon word, then the owner may have difficulties enforcing his claim (as seen in Windows vs. Lindows). If the word is unusual or completely made up, then you'll have to be more careful, especially if the brand is very well known. I wouldn't expect anyone to get away with variations on Exxon or Nokia, for example.
The number of infringing sites doesn't matter at all. The thing is, that the owner of a trademark will lose his rights, if he doesn't actively defend it. So they basically have no choice other than going after anyone who infringes on it.
If in doubt, ask a lawyer who specializes in trademark law.
I mean if www.trademark.com is the main company. And I register www.abctrademark.com, do I have to surrender that site to them if they ask?
There's not really a simple answer. First, it seems that you're referring specifically to a domain name dispute, not trademark infringement in general.
There are three tests under ICANN's Domain Dispute Resolution Policy (UDRP). For "them" to be able to win a dispute, they'll have to establish that the domain name is the same or "confusingly similar" to their trademark, that you have no "rights or legitimate interests" in respect to the name, and that the name was registered in "bad faith."
ICANN's policy is here: [icann.org...]
At that site you can also read over the specifics of past complaints and how the arbitrators applied the above tests; you might be able to apply that to your particular example.
Of course you might not be talking about an ICANN-administered domain, but generally the rules will be the same.
It just seems to me that a company ,www.company.com, where their company name is a known entity, would have no way to chase down EVERYONE who uses their company word in a domain. And in many cases, www.company111.com and www.my-company.com, may just be affiliate partners or fan sites or people selling used products from company or whatever. And in those cases, is it economical or sensible to go after all X,000 or X0,000 sites out there with your company name in the URL if they aren't being used in a malicious or negative intent.
Dunnthat
It just seems to me that a company ,www.company.com, where their company name is a known entity, would have no way to chase down EVERYONE who uses their company word in a domain.
Perhaps not. But if you do look through the UDRP arbitration cases on file, you'll find that more than a few companies have gone to a lot of effort, bringing action against several dozen different domain holders. Many companies pay someone specifically to find these kinds of infringements.
Still it's probably true in general that, as you suggest, someone who registers an obscure variation of a well-known mark has a good chance of not being bothered by the original trademark holder.
But while it might be true that, as you mentioned in your first post, there are "an infinite number of variations" that might be registered, generally there will only be a few that would be worth registering and which might actually generate traffic.
