> I know it's a little off topic but I'm sure everyone here would have
concern on this.
>
> I'm living in Canada and I own some domain names. We all should have
beening hearing many domain disputes in the US, but never any from Canada.
I'm wondering if I register a trademark in Canada, meanwhile somebody else
in the states has the same trademark. If we come to a domain dispute between
us, will the states trademark rule out the Canadian trademark?

IMO this depends on the trademarks in question, and it is rather a trademark
and not a domain issue. For examlpe if I have a firm Mickey Mouse Inc. in
Tuvalu, do I have the right to register mickeymouse.com? (Let's consider the
domain is not yet taken.) Yes it seems. However, the question is: do I have
the right to have a company named Mickey Mouse at all? If Disney Inc. wanted
the domain, first they would sue you for using their trademark as a company
name, and after that they would take your domain :-) (I suppose Mickey Mouse
is probably a trademark in all countries.)
But, in case your trademark is a valid one - I mean it cannot be attacked by
other trademark holders - then domain name registration happens on a
first-come-first-served basis.

This is of course only my private opinion.

- Csongor



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