I have a certain domain name that has the name of a sports team (think
ChicagoBulls.com, for example, except this is a much smaller team). 
This domain has been out of the team's possession since September 2001 (it
was even owned by an internet porn site).  When I purchased the
domain, it was my understanding the team no longer existed (because why
else would they let a porn site have it?).  The team owned the website
prior to September 2001.  It probably expired when they did not pay
for it.

Now they're threatening to sue me.  I'm looking for news on lawsuits
that show that I have a legal right to the name because they've
"neglected" their trademark by letting it be used by other people for
over a year and a half now.

I'm probably the fourth owner of this domain since they let it
go...now they're trying to bully me.  Thanks.

xemion-ga

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Clarification of Question by xemion-ga on 01 Apr 2003 12:52 PST

Little more info on what I'm looking for:
http://www.chillingeffects.org/trademark/faq.cgi#QID418

Lawsuits where the domain registerant got to keep the name because the
trademark owner abandoned his trademark.

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Request for Question Clarification by expertlaw-ga on 01 Apr 2003 15:16 PST

Dear xemion,

Most sports teams have names which could have more than one meaning.
The Indiana Firebirds, for example, might desire a website named
"indianafirebirds.com", but that URL could just as easily belong to a
car dealership or club. Even if the Indiana Firebirds have a trademark
for their team name and logo, they would not be in a position to
challange that type of non-infringing use.

As you have not indicated the team involved, it is impossible to gauge
how specific or generic that team name is. However, there is a
possibility that whatever former owners did with the URL, their uses
did not infringe the sports team's trademark. You may be "singled out"
because you are the first to do so, or because you are the first that
they noticed.

It would not get you past the issue of trademark infringement to claim
that, because a URL was available, you assumed that the trademark was
not being enforced. There is no requirement that a trademark holder
obtain any domain names whatsoever, and it is not realistic for a
trademark holder to obtain all URL's which might infringe their
trademark. There are a number of online services, including the United
States Patent and Trademark Office, which allow trademark searches
online.
http://www.uspto.gov/main/trademarks.htm

For a researcher to answer your question, it would be helpful to know
the nature of the trademark on the team name (state or federal), the
goods and services described in the trademark registration, to have
some idea of how generic or non-generic the name is, and the nature of
how the URL was used by any intervening users (other than the adult
content site).

Also, please be aware that you are unlikely to come up with a "magic
bullet" case, but instead may have to analogize from similar cases.

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Clarification of Question by xemion-ga on 01 Apr 2003 17:36 PST

The domain in question is IdahoStampede.com.  It's their exact
trademark, not a variation of it.  I could understand a variation.

I have not done anything with the domain as of yet.  As you can see,
the website errors out.  I have not infringed on their trademark or
profited from this domain in any way.

I did a trademark search and they do have a trademark (though it's on
sweatshirts and junk).

Other than the porn site, I'm not sure what the site was used for
before I bought it off ebay.

Expertlaw Said:
"Also, please be aware that you are unlikely to come up with a 'magic
bullet' case, but instead may have to analogize from similar cases."

That's what the question is for :-)  I'm looking for information on
other lawsuits where the domain holder won because the trademark was
neglected or abandoned.

Thanks!

xemion-ga