WIPO complaint - Domain name dispute

I have a complaint right now at WIPO regarding a domain I bought in dec 2002.
The domain turned out to be similar to a trademark and the trademark owner wants me to transfer the domain.
My opinion is that I think it is rather late to file a complaint. They contacted me first time in March 2004 this year and the site has been up and running since Jan. 2003. I believe the trademark owner has known the website all along. Now thay want to compete with the same business.

1. What do you think, do I have a point there? Is their similar cases at WIPO where the registrant could keep the domain due to the fact that the complainant was much to late filing a complaint?

Also, which is strange, my .com address was registred the very same day as their .net address.
2. Could they have been alerted instantly by some kind of monitoring tool such as Namewatch e t c, that my .com address contain a specific phrase?

Anyone who knows more, please respond.

Get an attorney who specializes in domain disputes. There are lots of specific details needed to assess this that you have not posted here. Replies to your post can only be general but your situation is unique. Get qualified counsel.

Getting an attorney is an option but there is few in Sweden that has the experience of domain disputes at WIPO. Hope to find one nextcoming week.

I was hoping to find anyone here on the forum who knows anything or has an opinion regarding the fact that my counterpart files an complaint over a year after knowing my registrating.

What about my question regarding an instant monitoring tool for newly registered domains containing certain words such as "mcdonalds2004", "buymcdonalds" e t c.
Is there such a tool or service?

A dispute is that & should one party decide to take the legal route "you may not be able to stop it after-the-fact" when you (in hindsight) know they are serious. Let's be clear - who actually has taken the time and expense of "trademarks"... be sure you accept "legal action" at face value... it is not a computer game that you can simply "turn off" and start over when you are losing.

Also the "deeper pocket" side tends to have a stronger position at start time - and if this isn't you the earlier you factually start seeking legal guidance the better.

Case Law and Legal Precedence

Historically Trademarks side (legally) on the company that physically holds the "Trademark" and not necessarily "first use".

To be clear - if you have "Trademarks" on the name prior to them, your case is sound, if not and they have "LEGAL USE" unfortuately you may well find that you cannot win any action... thus lose the domain anyway and any court costs, legal fees etc. in the process.

There are many, many exceptions though - but clearly a vague understanding of the situation at a discussion board - isn't a good approach... and no tool is going to spell out the legal ramification of not receiving professional guidance.

Trademark law deals with specifics and you had better decide now that "you need a lawyer" or surrender it...

<added>... one other thing you did mention > MacDonalds (as in fast food) and MacDonalds (as in a car dealership) both have "trademarks" on the "MacDonalds" part as in "fair use and non-competitive".

You said earlier that the other company (possibly) has decided to venture into your specific industry... my understanding "if" names are similar you will likely lose...

If the domain is also a company name and this was incorporated you may well be protected (bearly), or if there is regional separation that help you as well... needless to say again - professional & experience guidance is needed.</added>