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Domain Name Disputes
Briefly, I'd like to point out that use of a name can be legal for many
parties whether they have a trademark or not. Two or more parties may have
the same trademark in different jurisdictions, may have the same trademark
in the same jurisdiction but in different industries, or may legally use a
name without owning a trademark to it. It is not necessary to own a
trademark, to use a particular name.
This being the case, domain name registration on a first-come, first-serve
basis is the most logical. If two (or more) parties have the right to use
a name (even if one has a trademark and the other doesn't), neither party
should be given preference in using a domain name with that name.