domain registration prior to a TM registration

[hadjin]

Hello, I have a domain name that I registered 2 years before a sizable company changed their name (and also trademarked it) to the name of my domain (my domain exists as a parking page for small click through ad revenue). Does my "first in time" use without any possible knowledge of a corporations future name change generally preclude a finding of "bad faith" ? Will this (as a general rule) be sufficient enough to deny any WIPO attempts to have the domain transferred to them ?

A related question is are parking pages considered legitimate uses for WIPO purposes ?

Can anyone tell me the usual commission or fee an experienced Domain Attorney would charge to negotiate a domain name sale ?, and would I still have the option to reject the best offer he gets (without being liable for the fee to the lawyer); so long as I am not trying to circumvent him.

Thank you for any replies

 

[katherine]

Hello, I have a domain name that I registered 2 years before a sizable company changed their name (and also trademarked it) to the name of my domain (my domain exists as a parking page for small click through ad revenue). Does my "first in time" use without any possible knowledge of a corporations future name change generally preclude a finding of "bad faith" ? Will this (as a general rule) be sufficient enough to deny any WIPO attempts to have the domain transferred to them ?

The fact that you registered it earlier means it would be difficult for them to challenge your ownership. But you still need to be careful with the parked page, if it shows sponsored ads for their products/services, bad faith would be established almost automatically. Then they just have to WIPO you with the evidence and it's almost a sure win for them...

A related question is are parking pages considered legitimate uses for WIPO purposes ?

Yes and no. It depends on the unique circumstances of the case. Some panelists seem to have a bias against domaining, but there seems to be some consensus within WIPO that parking is not bona fide commercial use, and not enough in itself to establish usage rights over a domain.
I would not advise contacting the corporation to offer the domain for sale. Because you would be selling them their own TMed domain.
Wait. They might contact you if they really want the domain.