Quote:
Originally Posted by BlackCrayon
just so no one gets confused, you can't trademark something and then think that gives you rights to a domain name registered before the trademark. if your trademark comes before the domain, you may have some chance but certainly not after the domain registration.
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No you can't prove bad faith.
WIPO Domain Name Decision: D2010-2011
BUT;
WIPO Domain Name Decision: D2007-1921
If you transfer that domain to a third party, that transfer would be encumbered with the infringement in bad faith if the domain is used for cybersquatting.
Quote:
WIPO Domain Name Decision: D2007-0062
B. Respondent
The Respondent8 notes that the disputed domain name originally was registered by Peter Bradford, purportedly a Canadian citizen, some three and one-half (3 ½) years before the Complainant established trademark rights in CREDITKEEPER through USPTO registration. The Respondent argues that it cannot be disputed that the Complainant adopted its trademarks with full knowledge that the disputed domain name already had been registered The Respondent asserts that the central issue in the dispute therefore is one of priority. ...
...7. Decision
For all the foregoing reasons, in accordance with Paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name, <creditkeeper.com> be transferred to the Complainant.
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I would have to spend time I haven't got now reading the whole decision but these look favorable.