I recently purchased one of those domain names like del.icio.us. While registering I found that delicious.com was being used.
I found that delicious.com belonged to the same category as my to-be website. It served premium delicious dishes.
My to-be domain though belonging to the same category, specialized in serving free but delicious dishes or in giving out links(affiliate) to other sites serving premium delicious dishes.
Additional Counter Arguments:
1.delicious.com was not in English.
2.the del.icio.us in my domain name though having the same spelling, is not going to be used in the same fashion. For eg.(this may not make sense, because the names have been changed)the d in delicious on my website actually stands for the greek letter Delta(Δ/δ) and since internationalized domains are still not easily typable, I am going for the english equivalent.The prefix holds importance for the theme of the service which my website intends to offer.
Can I use the domain name del.icio.us for my website?
How are these kinds of matters dealt?
(The domain names used are fictitious. And I have already registered the domain but have not started using it.I chanced upon this domain name because it was short, easy to remember and suited the theme of my website)
Can I use the domain name for an unrelated service. I have no wish to trample their rights.
Are there any real life examples of similar name use in different fields without the companies fighting it out? The domain name is pretty generic.