What if a domain predates a trademark application ? the trademark application is for a TV show.. the domain was also registered before a show existed or even a press release announced the show.. the domain also announced its plans on the site at time of registration up until the show aired. the plans were not the same as the show... BUT... the show is now very famous and the domain could now cause confusion.. what should the domain registrant do.. ?
It's a case of "show me the money"!! check www.adsense.com Good luck with what ever you decide to do with it.
If the domain is reason to cause confusion because the names look similar and you don't have a company that makes use of the domain then you probably have to give up the domain. At least that is my own personal experience.
Look at their trademark registration for a "First Use" date. That's the first time they claimed to have used the term commercially. If indeed your domain predates even their first use date, you should be fine. However, you should avoid capitalizing on the fame of their tv show with your domain. That means, do not put up pay-per-click ads or banners related to their tv show. Ownership of a domain before a trademark does not excuse trademark infringement. Even if their "First Use" date predates your domain (let's say it does), the next question is, does the domain have generic meaning? Could the domain be used genericly in other contexts? For example, Survivor could mean a tv show, but Survivor.com could be used generically for Holocaust survivors or rape survivors. You should stive to use your domain generically to avoid claims of trademark infringement. Josh