Wow, this is a good one,.
Firstly, how generic is the name?.
When did you file for the TM?.
When did the name you want get registered?.
What type of site is on the domain you want? something that is directly in line with your TM?.
Could you give us the domain name? or the TM which you own, that would help us help you a bit more.
One thing I wouldnt do is go guns blazing to the current site owner, no need to get his back up over something that you may not get from force...
Ditto on the above questions..
Also, is the name in the dictionary?.
Is a product 'purchasable' with the name on it?..
The op pm'd me the name, and it's going to come down to usage, the name is fairly generic,.
Personally, unless he is right in your feild then you dont have much chance to get it unless you persue agressive actions,.
Have you tried to contact the owner? thats going to be the best bet, contact him saying you own the tm but would like to come to some kind of agreement were both parties are happy, before you do this though, try to find out info on the people that own the site, see if there cool, or aggressive, I had a look over there site, one version of it is parked, so you might have joy with that one (the singular) the pural version has a site up since 2003 but there doesnt seem to be any content, be freindly, make the approach and see if there willing to sell...
I have tried the friendly approach with out luck, the are asking $1000's which I feel is a little unfair..
Did you file the tm before or after the domain was regged?..
What makes you feel it's unfair?.
Have you held the TM since before the name was regged?..
"FAirly Generic"? Apple, Champion, Cheer are a little more than "fairly generic", but rest assurd, they are TMs. What needs to be presented is if it is "descriptive". You have loans.com offering loans, that is descriptive. Now, if a company would manufactor a computer called "Loans", then that would be a TM. in teh computer field.
As far as "in the dictionary" arguement, that is not always a good one to make. Do you know how many "dictionary" words are TMed? It might surprise you. That arguement only works if you are supporting the "descriptive" term of the word.
And yes, usage plays a huge factor in determining "bad faith"..
Among the list of things that go into answering a question like that, first and foremost is the relevant chronology.
Evertonian7 asks above when was the TM application "filed".
That might or might not be important, depending on your jurisdiction.
The relevant threshold chronological issue is "when did you acquire the trademark". That date may be when you first started using the mark, if it is inherently distinctive, or it may be some other date. But it is the first question you should ask, and then compare to the date the domain name was acquired by the registrant (and again I use the term "acquired", which may not be the same as the initial creation date of the domain name).
So, first question, did you acquire your trademark right prior to registrant's acquisition of the domain name?.
If your answer to that question is no, then you are not in UDRP territory, and you'll have to look to the relevant law of your jurisdiction (and whether the domain registrant, registrar, or registry is subject to application of that law). And, by the way J1S, any communication you conduct with someone who is not your attorney is subject to discovery and can be used against you...
For those wondering what that is: http://en.wikipedia.org/wiki/Discovery_%28law%29 http://en.wikipedia.org/wiki/Electronic_discovery.
You never know when that might happen, especially to you...
Ok it's generic, and not the same as your examples above, it's my opinion that the OP has little chance here, the usage on the domain is way of the scales for the name it has, an example would be: www.apple.com selling holidays in spain, it's nothing to do with the domain what so ever, and has been regged since 03.
The op would need to speak to someone whos qualified on things like this, like Jberry,.
My posts are only my opinion, nothing more...
I think you missed the point I was making, a "generic" word in a domain is not as strong as a "descriptive" word in a domain. There is a distinction. It comes down to usage if the word is descriptive or treading on a TM...