advice needed

[seeker]

Could anyone point me to decisions regarding successful defenses on domains that contain a TM word as PART of the domain that have been used for either fan sites or communities?
I run a site (for 11 years now) which is a forum type site that is non profit.
Although that specific site is not the one in question, I had in 2002 regged a domain to be used as an extension for this site (a sub forum/gallery).
It has never been parked, monetized or ever been used in bad faith (for sale etc...).
This is my primary hobby site, and I know it is hard to believe in a domain forum, this was never used to make money, nor was it ever my intention.
I was contacted by the law firm of this company with a C&D email.
I was just wondering if there is any precedence that I can quote to defend myself.
I know there are a lot of sites out there that talk about different brands and their products, but an actual case in which this defense was used would really come in handy.
I am not interested whatsoever in selling the domain to the company, if they insist I will hand it over.
But it would be a shame as the domain would really help in my SEO rankings, as well as getting more members for the site.
The domain in question is archived since 2002 with a default cpanel login page, and since 2005 points to the main site that has been online for 11 years.

Has anyone ever been able to defend against a C&D if the domain contains a TM word of a big company (an example that is random: Yamahabikes.com, not sure if that is regged, just using an example).

Any info is very much appreciated.
In my many years of domaining, and with thousands of names, this is the first C&D I have ever received, and it is ironic that it is for a domain that I got for personal use, in an area that is my primary hobby and to which I have offered much to the community for 11+ years

Thanks.

 

[domaingenius]

I had a similar letter from an attorneys in USA seeking to get hold of a domain I have which was their trademark with a different country/city name in front of the tm name. They tried several times and I just said I did not accept their contentions and heard no more from them at all. If you want to PM me the name I will then tell you what I think .

DG

 

[seeker]

Thanks for the reply.
I checked this law firm, and they are legit.
In their email, they give examples of 4 similar domains that they won, because of ''cyber squatting''. All 4 of these domains where parked with intent to sell, and on 2 of them, they got offers for $50,000, so it makes sense they won these.
I am in a very different category. Never parked it, never attempted to sell...etc...
There must be some example of fan sites that are legit and can defend the use, but how to find such references...?

 

[domaingenius]

Thanks for the reply.
I checked this law firm, and they are legit.
In their email, they give examples of 4 similar domains that they won, because of ''cyber squatting''. All 4 of these domains where parked with intent to sell, and on 2 of them, they got offers for $50,000, so it makes sense they won these.
I am in a very different category. Never parked it, never attempted to sell...etc...
There must be some example of fan sites that are legit and can defend the use, but how to find such references...?

I would do a search on the WIPO or National Arbitration Forum websites and go through all the decisions until you find one that matches your argument,if there is one. Or do a search on yahoo or google for such result using appropriate words.

DG