Previous owner is trying to take back my domain

[mumast]

Hi to everyone

A couple of weeks ago i acquired a domain name. It is an adult four word generic domain.
No trade marks associated with it.

Today i'm receiving claims and demands from the previous owner on giving this domain back to him.
More over, i'm accused of breaking TM legal agreements or smth and BAD FAITH

Could anybody advice what i have to do in situation like this?
i just acquired a domain name on auction and i'd like to use it for my own purposes. There is no any bad faith if i've got this concept correctly, neither it is a TM domain.

Here is what i'm accused of according to the previous owner's letter:

According to ICANN policy and precendant, if we are known by the domain name, can prove having ownership and full site on it they will simply reverse it to us. This domain is an operating business of ours.

Please have a look at the following ICANN rules:
http://www.icann.org/en/udrp/udrp-policy-24oct99.htm

The relevant section that you're in violation of can be seen here:

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.


This is the URL we submit the complaint at: https://secure.arb-forum.com/ddfiling/default.aspx?Ruleset=UDRP
And if you look here http://www.keytlaw.com/urls/typosquatter.htm you'll see that the person acting in bad faith ends up paying for ALL of the associated costs and legal fees.

 

[snicksnack]

I think it would help the lawyers on this board to comment on it if you would disclose the domain name.

 

[INFORG]

If the domain is truly generic...

It sounds like a case of "sour grapes" and they let the name expire, or didn't want to pay redemption and thought they could re-reg, etc. It's much more rare these days with all of the extra time people have to reclaim a name, but it still happens.

Looks like they are just trying to "punk" you out of the name with some cut and paste from Google. Anybody can file a UDRP, doesn't mean they have grounds or will win. It's gonna be hard for anyone to give you good advice without knowing the name. I'm not an attorney, so this is just what I would do - if I felt this was generic, no TM name:

I'd email them and basically say " this domain is a generic descriptive phrase, there is no registered TM and because of the generic term, unlikely one could be obtained or that any entity could be "commonly known as" this term. I plan to develop the name as a unique website because of the generic keyword appeal. I could cut and paste many UDRP and court decisions that support my position on this, but I have better things to do. I have no interest in corresponding further with you on this matter"

It all comes down to what your risk tolerance is, whether the name is truly generic, whether you really intend to develop or are looking for them to make an offer, and how much you would be willing to spend to defend it.

 

[mumast]

Thank you very much for your thorough answer.

The domain is really generic and looks like 4 word TGP gallery description, for instance, teen girls f+++ing hard, or latina bi+ches getting wet. Like this. Be sure its just a sample, i can't post here the real name.

What do you think if i park this domain with sedo or the like, would it be an evident bad faith?

 

[INFORG]

Parking doesn't seem to strengthen, but rather weaken your case if it were to go to UDRP, but based on the info here, I would park it if it were me. Parking doesn't automatically mean "bad faith". Again, a disclaimer : I am not an attorney.

I'm assuming here that this letter you received was directly from the previous owner, and not an attorney. Until it comes from a lawyer, I don't give letters or emails like this much weight. Do some research on this person and see what you can learn about them, whether they have had domain issues in the past, etc.. It still seems to me like an amateur attempt to get a name back for free that they let drop.

 

[draggar]

I am not an attorney but in the past 2gajgops's point has been shown in previous WIPO cases, to a lot of people maiing money on a site = bad faith (yeah, highly hypocritical, I know). To avoid this, point it to your host and set up a page, maybe even a generic "coming soon" page. Make sure it does point somewhere because most registrars will point domains that don't go anywehre to their own parked pages (and that could still look bad upon you).

Generics with no trademarks are also hard to prove bad faith with - but I think it has happened in the past. I think they can try to prove that they were a well known and established business entity with the domain and you got it to profit off of their business (but again, hard to do with generics).

Another thing on the "don't do" list is attempt to sell it, especially to them.

To me, it looks like a clear cut attempt to reverse-hijack the name. One question is - would they consider it worth the investment ($1500 plus attorney fees) to try to get the domain back? 4 word adult related names are rarely worth this much as a domain itself (estabished site is a different story).

Again, I am not an attorney nor do I look like one or play one on TV.