Comment by ssl-3

In my case, I don't see it as a domain that I lost. I sold it.

Trademarks are interesting. They don't need to be registered in order to be protected (although they can be registered), and they aren't usually absolute (even if they are registered).

So, like: There's a bunch of different entities named "First Federal Bank" in the US, and that can be OK as long as they each operate in their own distinct areas. It definitely becomes problematic when the First Federal Bank that normally operates in/around Tuscaloosa tries to open a branch across the street from the First Federal Bank that is centered on Littlefield, Texas, but outside of conflict: It can be fine.

A common name can also sometimes be used in distinctly-different lines of business or products. That's OK, too. Like Dove (the soap), and Dove (the candy bar). They're both trademarks -- they're even both registered. But they're distinct-enough products that it works: It's difficult to confuse a Dove candy bar with a Dove soap bar.

And there's also the concept of well-known marks, like: Everyone knows what a Pepsi is. There's no chance that Pepsi would avoid seeking action against anyone else using that name for any purpose, and because Pepsi is so well-known there's very close to zero chance that a court would tolerate it either.

A person can certainly start a company named Pepsi Shafting that makes drive shafts, but they won't be able to keep that name for very long. The cease-and-desist letter would appear approximately instantly and none of the threats it contained would be empty.

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Anyway, back to my case: At the time when I registered the domain, I was operating a one-man hands-on services company and I wasn't selling anything tangible.

Meanwhile, the other party had a sleepy little business selling very specialized goods online. They weren't offering services at all. It was just a little post-bubble online shop like so many others.

I discovered them as I did my diligence before I registered the domain. I was aware that we weren't doing the same things at all. Like Dove and Dove, this was fine.

The other company subsequently branched out and got pretty darned big. I don't know if they ran into some VC money or what, but I'm completely confident that you've heard of them. Since you're on HN, there's a good chance you've even bought stuff from them at some point.

Hell, there's pretty profound chance that the founder will be reading this comment. :)

These days, it would probably be pass muster in court as a well-known brand, like Pepsi certainly is. But way back then (over 20 years ago now), it would not have.

So while I do have reasonable certainty that I could have kept my domain if I wanted to, it just wasn't worth that much to me. In fact, it turns out that was worth exactly $6,000.00 to me.

The nissan.com case is certainly compelling. It was included in my research.

It sure would be funny if my domain were added to the roster of similar incidents after a protracted court battle, but meh. I regret nothing, and I appreciate the excellent work that the new owner has been doing in advocating for consumer rights.

It's literally all good.