Imagine that an up-and-coming business intends to register the business’s trademark, but another person catches wind of this rising business and registers a website domain name that “is identical or confusingly similar to” the business’s trademark. Shortly thereafter, the business becomes very well-known. Their trademark, including their business name as well as trademarks they use on products or services sold to consumers, becomes very distinctive and indeed famous to the general consuming public. The person who registered the domain name—and who thus now owns it—approaches the trademark owner and offers to sell them the domain name for a high price.
Originally published in Akron Law Review - Volume 58: Issue 3.
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