The basic test for trademark infringement is whether the use of the trademark or a similar name would confuse the consumer. Generic words that name a product can't be used as a trademark. A company could not register Beer brand beer. Trademark rights also trump Internet domain names. Registering a domain name does NOT give someone the right to that name as a trademark.
Domain names have no legal force.
Companies which are paying tens of thousands of dollars those who hold domain names describing the company or its products are doing so out of expediency or to avoid a court battle, Rose said. However, online trademark situations are not resolved. Rose gave the hypothetical example of a company selling dog food under the brand name Purina. Some other firm could use that name to sell software. Moreover, laws around governing trademark vary around the globe.