| Just to stir a bit, don't forget that a trademark can exist before it is registered. I don't know if this is the case here or not. And even if the trademark did existe earlier, that in itself is not enough reason for you to give up the domain.
Another point to perhaps consider is whether or not your website now infringes on the scope of the registered trademark or not.
If it doesn't infringe on the scope they have less of a leg to stand on. If your use does infringe on the scope of the trademark, I understand that some UDRP panelists look on this negatively.
There is still the element of whether the domain was registered in bad faith or not, and if in bad faith, whether this can be "proved".
I also understand that some UDRP panelists require both registering and use in bad faith, and others will be quite happy with just one of those (although the UDRP terms seem to say both are required for a successful complaint).
These are just my thoughts on the matter. I am not an expert in the matter! |