[lutorm]

I think the key is the trademark confusion part. If you have a domain name that was registered a long time ago and then realize that it's a name for some successful business and then start to use your domain name for something related, then you are guilty of trademark infringement. If on the other hand you've been running a business since before the other one started, then it's they who are guilty of infringement. If you own ibm.com for your business "Indiana Boomerang Manufacturing, Inc.", IBM can't really push the trademark infringement allegation because the risk of confusion is small. That's at least my understanding of how trademarks work.