There are 2 ways for someone to have your domain name transferred to them: the Uniform Dispute Resolution Procedure (UDRP) through ICANN or an action under the Anticybersqatting Consumer Protection Act ("ACPA") of 1999, 15 U.S.C. § 1125(d) of the Lanham Act, for cyperpiracy. In either case, they must show that you registered the domain name "in bad faith," which can be demonstrated in a number of different ways. For example, the following actions show bad faith: efforts to divert consumers from an authorized site; offers to sell the domain to third parties apart from an ongoing business; registration of multiple well-known domain names which are confusingly similar to famous marks; and use of false or misleading "contact" information in registering the domain name. Factors that show a lack of bad faith include your prior lawful use in offering goods or services, including "fair use" to identify genuine goods or for comparative advertising purposes. If you legitimately are selling their product that uses that trademark and they are profiting from the sale, then your registration of the domain name may not have been done in "bad faith."However, always keep in mind that regardless of whether you may ultimately win on that argument, that doesn't mean that a company might not still try to take the domain name from you.
Answered on Feb 25th, 2012 at 12:51 PM