Can A Domain Name Trump Trademark Rights?

Law360, New York (July 17, 2014, 12:24 PM EDT) -- When trademark owners and Internet domain name registrants knock heads, the battle often takes the form of cybersquatting. The registrant holds a domain name incorporating a trademark, sometimes pointing that domain name to its website from which it derives revenue. Whether litigated in court or before an arbitration tribunal, the trademark owner usually wins.

Yet what happens when it is the domain name holder, not the trademark owner, who establishes rights first? Sometimes they co-exist. Has a domain name registrant ever prevailed, forcing the trademark owner to cease use of its mark? Cases shed little, if any, light on this question....

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