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by pcc 1136 days ago
IANAL but also there is a specific list of classes (categories) that have to be selected from when seeking to register a trademark, design mark etc and afaik protection then applies only within those categories.

In this case they have applied for Nice classes 9 and 42.

I'm not sure, but also seem to recall that protection within those classes would be further limited to the scope of what they covered in the description they provided for each class during application.

Anyways, point it is that it's in any event really hard to see how having a fairly nondescript domain name with a blank web page could ever be construed as purveying anything in either Nice class 9 or 42.

(Eg, for all we know, such domain name might be referring to some new kind of industrial oil or lubricant, which would be Nice class 4...)

It's also useful to consider that there are contexts where the law can negate the validity of a trademark based on the registrant's lack of actively "practicing" it (including during the period between application and it being granted), or protecting it. So there's an inherent incentive for companies to be a bit "trigger happy" in staking their claim to "practicing" the band as well as acting to protect it. Although it does seem very preemptive in this case.