Would I lose...

[HolyRoller]

I don't think there is enough information to give an accurate answer on this question.

Having no Official TM does not mean they don't still have the same rights by the fact they have been using it for 8 years and having a product named after it is probably enough.

Question is, is the domain worth fighting for? I know someone who did and lost, then the person who won sued them for costs and damages. They ended up losing far more than the domain.

People forget to renew domains, probably we all have at some time. Maybe you could come to some agreement with the company in question over the domain. Perhaps explain how you didn't know it previous history and your plans, also explain the time and money you have already gone to. Of course if you are going to fight for it, get proper legal advice.

 

[ecomindia]

Was going thru one of a very infamous cases:

Complainant:
The English word zero is not generic and the Respondent was merely quick enough to gain the name on a first come, first served basis when he registered it in 1992

Respondent:
5.8 The Respondent chose the name because it was a common word, short, simple and easy to remember.

Discussion and Findings
6.6 The word zero is a common word which is short, simple and easy to remember and may well have been registered by any number of people for any purposes.

Decision
The word "zero" is a common English word. Although any number of organisations (including the Complainant) may have trade mark rights in such a word (and indeed the Respondent has produced evidence of numerous US trade marks which include or comprise the word "zero") that does not preclude the Respondent effecting registration of a common word on the "first come, first served" basis which was available. The Respondent’s reasons for doing so, namely that it was short, simple and easy to remember provide an entirely reasonable and proper explanation for the Respondent’s choice of this word. The Panel further notes that the Respondent has not, on the evidence, registered any other domain names, and had never heard of the Complainant at the time he effected the registration

The respondent (defender - domain owner ) won the case

To win a case, these are the 3 basics reqt :

(1) that the domain name registered by the respondent is identical or confusingly similar to a trademark or servicemark in which the complainant has rights;
(2) that the respondent has no legitimate interests in respect of the domain name; and
(3) the domain name has been registered and used in bad faith.

For a descriptive domain case , go thru http://www.adrforum.com/domains/decisions/93682.htm . This is real good one.

If we go thru the case studies, we will find, generics are the least prone domains to disputes (not completely) and the domain holder have more chances of retaining

I started reading from the first line of the first post of this thread till the above post... in the impression i would learn something.. Honestly, what i learned was to Argue and Debate.

So the domain in discussion will not be GENERIC but DESCRIPTIVE