Suppose I have registered a domain name, let's call it domain.com, which is already trademarked with the name "domain".
If I provide unrelated services on my website, can they revoke my ownership of the domain?

In theory, it is possible for the trademark owner to take over the domain if they can demonstrate that it was registered in bad faith with the intention to sell it.
If the website has legitimate content and is functional, then it will be more challenging to prove bad faith. However, if the website only has minimal content, then it could be easier for the trademark owner.

Although larger and well-established trademarks may have an easier time acquiring a domain through negotiation or legal means, there is usually some price at which a domain owner would be willing to relinquish their ownership. It's important for both parties to consider their options carefully before pursuing legal action to avoid costly and time-consuming disputes.

Business owners are motivated to acquire desired domains quickly and cost-effectively, while top managers may prioritize securing a large project and budget. A relevant example is the case involving the domain nissan.com.

Despite receiving significant web traffic of several hundred thousand visitors per month, the Nissan corporation was forced to use the domain nissan-global.com due to the original domain owner's anti-advertising. The owner was initially open to selling the domain to Nissan without issue, but a decision made by top manager Carlos Ghosn to pursue a lawsuit resulted in more significant costs.

It's not difficult to understand why Ghosn made this decision, especially given his prior arrest for financial fraud within the Nissan corporation. Appfollow, who was previously offered the domain for $2,000, ended up paying $1,500 in legal fees and still did not secure the domain. This illustrates the potential consequences of prioritizing large-scale projects and budgets over more cost-effective and efficient solutions.

When a name is trademarked, it means that the trademark owner has exclusivity to use that mark in connection with specific goods or services. While providing unrelated services on your website using the domain "domain.com" may not constitute direct infringement of the trademark, it raises the risk of potential consumer confusion or dilution of the established mark.

In the digital realm, trademark disputes often hinge on the concept of likelihood of confusion. If consumers are likely to be confused by the use of your domain name in connection with unrelated services, the trademark owner may have grounds to challenge your ownership of the domain. This could lead to legal action, including domain dispute resolution processes or even litigation, which could jeopardize the continued use of the domain "domain.com".

To mitigate these risks, it is advisable to conduct a comprehensive trademark search before registering a domain name. This will help ascertain if the chosen domain name is already protected by a trademark and potentially save you from future legal entanglements. It is in your best interest to ensure that the domain you register does not encroach upon existing trademark rights, as this could safeguard your ownership and mitigate the risk of legal challenges down the line.
While the provision of unrelated services on your website may not immediately revoke your domain ownership, it is crucial to be mindful of potential trademark implications and take proactive measures to avoid any conflicts. By conducting due diligence before registering a domain name and respecting existing trademark rights, you can mitigate the risk of legal disputes and protect your online brand presence.