I know that they must not use their trade mark in a different class, but is it not
possible that they could use their trade mark to get the domain. Then having got
the domain, abandon usage of the trade mark completely, and use the domain for something
else.What I'm saying, I guess, is that it seems to me the TM is just a means to
get the domain, which is an entirely separate entity. Once they own the domain, could
they not choose to sell it (after it has been unlocked by the registry) or even use
it for any purpose they like as long as they don't use the trade mark.
So sock
company can register computer.info with its TM. Then they abandon all references
to computer TM. At this point they have an asset: computer.info. Presumably they
can sell it to Apple, or even choose to sell computers themselves (as long as they
didn't have their COMPUTER TM anywhere on the site). E.g. Sock company could set
up a bogus/ subdivision called 'LEG computers' and then give the rights to the domain
to them.
The crux of what I am saying is it seems to me that once you have that
domain, you can do what you like with it, as long as you don't mention your different
class TM. If you put the TM anywhere on the site, you could get in trouble for stepping
over into a different class, but there is nothing stopping a conglomorate going into
a new business area for which it has TMs (albeit in an unrelated class). As long
as it doesn't advertise its TMs in its new venture it is not breaking a law.