A hate group organized under the misnomer, Mothers Against Drunk Driving (who aren't all mothers, and who are not against drunk driving) wants to take some of my domain names, which I have been using to reach their activists. The Complainant claims I registered the domain names in bad faith. Imagine that! They claim the Respondent uses the domain names for websites that criticize and disrupt MADD's activities. The details are on one of the sites, http://maddne.org Well, I know they noticed, and I must have been effective in disillusioning some of the activists. The domains they claim could be confused with their trade mark are: MADDCA.ORG MADDFL.ORG MADDNE.ORG MADDNY.ORG MADDPENNSYLVANIA.ORG Now that I have their attention, I am addressing them loud and clear at http://maddca.org and http://maddny.org while the domains, http://maddfl.org and http://maddpennsylvania.org simply redirect to another site for now.
No matter what your domain name stands for. If it could be conrfused with a trademark or copyrighted name, you will end in trouble and unless you have enought money to fight for the names in the court, I don't see how can you convince them to keep them. Bad faith is assumed whenever you choose a name similar to an already well-known one, even if you only keep it parked.
I believe that they are entitled to take your domains, especially if they have a trademark. sorry. Better luck next time!
They seem to have a very good case for trademark infringement. You should turn over the domains and be thankful they don't sue you for infringement. You could be ordered to pay treble their legal fees, plus damages, which could easily be hundreds of thousands of dollars. Register a domain that doesn't have their trademark and a likelihood of confusion with their mark.
I'm not a lawyer so this is not an advice, but I agree with the above posters. It's going to be a tough call. Your only chance could be if you registered your domains before they got their name trademarked. Edit: I just saw one of your sites... You're not making life easier for yourself by talking about MADD because now they could also claim that your site is about their organization, which only further strengthens their case. It appears you didn't build any sites on those domains. What do you have to loose? Just sell them the domains! If you go to court, they will have expenses, too. Estimate how much and sell them the domains for an amount that is close to that number. Both of you will be better off!
It doesn't matter when the domains were registered - the content on the site gives them cause for trademark infringement. Also, trademarks don't need any type of registered to be valid. First use establishes rights for a particular usage - i.e. common law trademark.
First use - that's my point, I guess. If he was using the name before and his content wouldn't infringe, he could have a case.
Well, since you have basically admitted to using their trademarks to confuse and attract their "activists" I am not sure what you are complaining about. It looks like a textbook trademark violation. Why not make whatever site or point you want on a different set of domains? Clearly you can see how your domain names are confusing and misleading, right?
I'm not an attorney, and this is not legal advice. You violated trademark laws by registering the domains based on something you saw in other cities. Then you buried your chances at keeping your names by plastering them with content that is on the same subject as their names. My suggestion is that you turn over the domains and ask for some compensation. Don't fight them, just say that you want to have the costs plus some profit for saving these domains. Then again it looks like you're trying to convey a strong political point against the group. Not sure what consequences you'd be faced with. Good luck!