DNEX, clearly one cannot register a domain name in bad faith when there is no existing trademark.
http://domains.adrforum.com/domains/...ns/1142379.htm
Just as clearly, a lot of attorneys are idiots, and will happily cause you problems for soliciting to sell a domain name based on the fact that they filed a trademark registration application.
Whether or not a claim has merit has nothing to do with whether or not defending against can be a time consuming and expensive hassle.