If Ford (the company) was
quicker in registering, then you may
only sue them in case they create a website
pretending to be you
(Ford private). It is pretty unlikely they will, though.
If yes, then
you may sue them, but without obtaining their domain name.If
you have registered Ford (private), Ford (the company) may only
sue you for trademark
infringing contents within your website.
You may have to pay a fine if you are
regarded as guilty by a court.
But Ford (the company) does not obtain any right
on your
name through that process.
The correct use of trademark law would never
have led us to where we
are: Without the chance of getting the repective domain
name, most
trademark holders would simply not have had enough financial interest
in sueing respective website contents violating their trademarks.
Generally,
such websites are far too unimportant to be able to
really hurt the trademark
- but may even contribute to the company's
effords of introducing it to the general
public.
Therefore not one tenth of legal dabates would have happened!
Trademark
law is obviously being abused for mere financial interests,
It simply offers
an easy way to obtain an already registered domain
name from someone else.
This
behaviour must clearly stop, otherwise it will end up ruining
the trademark system,
as well as any personal rights.
Friedrich