Trademarks vs existing active domains

[Napoleon Smith <napsmith@home.com>]

I wish to express a concern about looking only to trademarks to
determine who is entitled to a domain name.

If a person has a domain name - and that name is in active use, and
someone comes along and obtains a trademark on the same name as the
registered domain name, I do not think the person with the trademark is
entitled to get the domain name.

I think you should also take into consideration when the trademark
protection was granted in addition to if there is a trademark. Just
because someone likes an existing domain name and takes the time to
obtain a trademark on that name does not mean they should be able to
force the current domain holder to give up the domain name.  Remember,
the trademark office does not notify domain holder of applications for
trademarks.

If the the trademark protection is in place before the domain name is
registered, then I agree that the domain holder should have to give up
the domain name if asked by the person holding the trademark.