Comment by user_7832
10 hours ago
> Especially, if your domain is older than the trademark.
My understanding is that trademarks are about the term being recognised "in common", while a ® is once you pay money to your govt's department for the fancy paper. Hence, if you registered <cool name>.com and sold said cool named game, you already have a trademark simply because you're the author. (Of course, money for lawyers and proving things in court isn't free, but you have legal grounds to stand on nonetheless.)
You write about creating a precedent by using a trade term in commerce, and in common law this has some meaning, but it is still very different.