Domain purchased before trademark registered

[solutionsphp]

In the sixties, there was a company called Acme Widgets. They disappeared in the early 70s. In 2003, the domain name acmewidgets.com was set to expire and I grabbed it. In 2005, a new company (unrelated to the original) was started called Acme Widgets Group. They purchased acmewidgetsgroup.com. I think they own a trademark on "Acme Widgets Group". Since I bought the acmewidgets.com domain 2 years before this company was started, am I clear of any trademark dispute? I understand that they could file a claim with ICANN, but could they win it given that my registration pre-dates the formation of their company? I am NOT using the domain for anything other than directing it to a page that provides a link to the domain's for sale page at TDNAM.com.

Does domain speculating count as "legitimate interest"?

Also, I had a few friendly email exchanges with the owner of Acme Widgets Group in 2005 and they were interested in buying the domain from me. They left it at "we'll be in touch" and I haven't heard anything since. I have been hesitant to get back in touch with them in case that's considered solicitation (and "bad faith"). I wonder if this history of communication would affect a claim in any way?

All comments appreciated, thank you in advance for your input!

 

[DNQuest.com]

Just based on what you are saying (domainers may not always tell or know the full story), they cannot prove bad faith registration, which is wriiten as a condition for a succesfull UDRP. But some panleists have taken the stance of registered and/or used in bad faith. . As of right now, it appears the TM holder can win in points 1 and 2. It is similar to their TM, and you do not have rights to the domain. UDRPs view is generally that parking a domain does not create interest in a domain, or that you acquired "rights" to the name itself. Creating rights to a name means you offer bona fide goods and/or services.

But it could be up to the panelist you receive and you repsonse to any challenge (hopefully you would retain an IP lawyer with a good track record, there are many who read this board). Chances are you are in a strong position, but nothing is 100% slam duck when it comes to challenges.

As far as previous correspondance, hopefully you kept that information. You can show a timeline of when they started up, how they contacted you and how they never got back to you. Since it has been 2 years from their last contact, maybe it could be argued they knew they could not do anything about the domain and jsut gave up. Coming back at you now could be concidered reverse highjacking. Do not contact them, do not offer the domain to them, let them come to you and work it from there. Just don't do any knee-jerk reaction or try to play cute games, you seem to be in the strong postion, then again, how many of us lost on the river card?

 

[solutionsphp]

Awesome, thank you so much for your feedback. It sounds like nothing is 100% certain, but that I am standing on pretty solid turf. I most certainly did save those email conversations. Now, I guess I'll just sit pretty and wait it out!