How to Defend Against a Domain Name Complainant

[lynny]

My question involves business law in the state of: USA
hello, I have a problem about my domain name 1swarovski.com, I was legal procedures to register this domain name last year, but I was complained about this domain. please help me if there is domain name attorney or anyone has experience about domain name problem. this is a letter from UDRP. thanks for help.
IMPORTANT NOTICE: You or your Company has been named a Respondent in an arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP) for your registration and/or use of 1swarovski.com. If you have not already, you will be receiving Complaint Notification Instructions for case number D2012-1041, currently under compliance review. You need to takeimmediate steps to protect your rights (see below).
Who We Are: We are a Michigan law firm specializing in domain name disputes and cybersquatting law, including UDRP cases such as this one. We monitor UDRP filings with both the National Arbitration Forum (NAF) and World Intellectual Property Organization (WIPO) and provide courtesy notice to Respondents such as yourself so that you can (a) review the matter immediately and (b) use the extra time to prepare your defense with your attorney. We do not represent the Complainant in this matter.
Do Not Delay: You must respond within 20 days of the commencement date, and a failure to respond can cause you to lose your valuable domain. In addition, your legal and financial exposure may not be limited to the UDRP. The filing of a UDRP does not limit the Complainant's ability to sue you in a court of law under the Anti-Cybersquatting Consumer Protection Act (ACPA) or related cybersquatting law and seek damages. Therefore, even if you do not wish to retain the domain name, proper disposition of this UDRP and a release of any related liability is critical.
What You Should Do Next:
1. You should contact your domain name attorney and provide them with this courtesy notice and the Complaint you have or soon will receive so they can begin protecting your interests.
2. Our lawyers regularly handle responses to UDRP Complaints. If you do not have a domain name attorney or if your regular attorney does not have experience with the UDRP, you or your attorney may contact us for a free consultation by replying to this email or calling 866-936-7447.

[flyingron]

You're unlikely to win this. You appear to be using the name of someone else's trademark in bad faith. Unless you can show that is not true, you'll lose.
Swarovski is very VERY protective of their trademark.

[LawResearcherMissy]

Concur. Swarovski does NOT play around. They will grind you to dust if you try to fight them on this. You cannot use someone else's Trademark without permission.

[Mr. Knowitall]

The letter you quote is not from the UDRP - it's from a law firm looking for you business, should you choose to defend against the dispute. As they say, right in the letter, "We are a Michigan law firm... We monitor UDRP filings... and provide courtesy notice to Respondents such as yourself".

1swarovski? If your name were, say, Juan Swarovski and this were your personal site, you would be in a better position. As it stands, it's difficult to see that your domain name is not an attempt to leverage traffic based upon their trademark.

As the letter indicates, you can either oppose the petition or give up the name.