Comment Re:Copyright Law (Score 1) 190
This is also a trademark law maneuver.They must defend their trademark, and unfortunately, a lawsuit is the only way that the courts will recognize it. If they didn't, then anyone could use their non-response to the workbetter domain name as evidence to take their trademark.
Except the domain was registered BEFORE the trademark.
That's the key point - if the domain was registered AFTER the trademark, then yes, trademark law is clear on that. But in this case, the trademark was created long after the domain was registered.
So it's no longer a simple "defending a trademark" procedure, as otherwise it opens up a whole legal way to expropriate property. Don't like a domain? File a trademark and if successful, sue to get the domain, doesn't matter who got it first or whatever.
It's similar to the case where the guy got his YouTube URL taken away just because someone with money wanted it. Or Nissan.com - the original owner had the store way before the car company renamed themselves.
Trademarks need to be defended, however, defense implies preventing people from diluting it. It doesn't cover the case where someone else already uses the name prior to your filing. (And there are many trademarks that are similar - as long as their trade areas don't overlap, that's fine.)