Simply said - they will take the domain - no matter what! If you decide to get this to court, you will lose both nerves and money (I mean more than what you've earned from the site so far). You'll also have to pay a large fine (about what your lawyer asked you, BTW - don't pay him, he is just being greedy). Best way to go is to just park the domain to get some money from clicks until the traffic dies, or redirect it to another domain that doesn't infringe any TM. Rapidshare is a registered trademark. They've been using this name for years. You can't just take a domain with their name and make money off their back (with the survey thing in this case). That is illegal and you will 100% lose in court. I'm sure you already realized this as all the people that posted here agree on that. However, it's all your choice now. It's up to you if you will get this to court. It's your money.
While there are arguments to be made in defense of the claim, odds are that you will lose. The fact that you are 'making' rapidshare money only tends to establish that you are also profiting from their domain. Why don't you do this ... register rapidsharesucks.com (available as I'm posting) and immediately make it into a non-commercial gripe forum. Let rapidshare know what you have done. Now don't offer to take down the gripe site in return for keeping the forum, because then you will lose both domains, but if rapidshare's counsel has half a brain that is what they will offer.
Can you explain this concept a little bit more, because it sounds very interesting to me. I couldn't get it fully though. So the OP can build a site about complaining from Rapidshare sites and "blackmail" them to give the complainings site over in exchange for keeping the copyright infringing site?
Good luck, you do what kindsvater has suggested and I promise you will lose a lot more money. You don't have money to fight them and you don't have a foundation either. Give up, they don't want you using their trademark. You were a moron for purchasing a domain with such a large company behind it. You won't win so don't try. Thestrangefruit - Shanna
I'm very sorry about this issue but i would of take down the website and respond to the case and let rapidshare know that you surrender and it wouldn't happen again.