First off, you don't need an attorney for the process. I successfully defended 2 medium value domains (and lost 2 low value domains) against Enterprise Rent-A-Car.
https://www.adrforum.com/domaindecisions/1579392.htm
There are
3 essential elements that must be satisfied in each UDRP.
- The Domain Name is identical or confusing similar to a trademark or service mark in which the Complainant has rights.
- The Registrant does not have any rights or legitimate interests in the Domain Name.
- The Domain Name has been registered and is being used in bad faith.
Most cases appear to come down to the 3rd element above which consists of 2 parts:
- When you registered the domain did you register it in bad faith (typosquatting, targeting a specific business), or did you register it based on the generic value of the domain?
- Are you currently using the domain in bad faith? Things that can be considered being used in bad faith are attempting to sell the domain name (which some UDRP cases have also acknowledged as a legitimate business model) , or parking the domain with pay-per-click advertising (where the ads feature links to companies that are in the same industry as the trademark holder).
It's important to note that both of the 2 conditions above must be satisfied in the 3rd element. You had to register it in bad faith, and currently use it in bad faith. If either of those are not true, they'll have a hard time taking the domain from you.
The problem with current parking is they'll often auto-magically target the highest payouts, which often end up being in the trademark holders industry. So I don't park domains any longer. I've been domain investing for close to 20 years and it was only during the 5 years I was parking domains that I've ever received a single UDRP threat. Also, keep in mind that this is just a threat. In the 5-6 threats I've received over the years non of them turned into a UDRP. The UDRP that I did have, never tried to talk to me beforehand.
So most important is to stay calm and think clearly because the fact is you don't currently have a UDRP filed against you. Don't negotiate off the threat. The first time I got threatened with a UDRP I sold the domain to a large car wash chain out of fear for $500. Don't do that.
In a case like yours where there is no trademark in the WIPO trademark database before the date you registered the domain, I wouldn't be worried about them being able to take the domain and I wouldn't negotiate a deal unless the value of the domain is less than $2,000. If you don't know the value, either run it through NameWorth (sometimes for emerging tech it still prices low), or you can send me a message. Make sure you look at WIPO and not only the USPTO.
Personally, I would tell them the domain was registered before their trademark was filed, you never heard of their company (if you didn't), and what they are saying sounds a lot like Reverse Domain Name Hijacking. If they don't know what that is, at least they'll look it up and realize you know something about the process and that may potentially diffuse the situation.
After that response, don't make offers, don't have further communications. If they want to make an offer they'll make one.
While this isn't a UDRP, I just want to note that for me, I'd probably defend most of my own UDRPs going forward because I'm fairly good at writing and analysis and I like the process. But for others, you need to decide what is your cut off point. Are you going to spend $5,000 to defend a $10,000 domain? What about a $50,000 or $100,000 domain? There are also time considerations. I spent a week researching cases and an all-nighter drafting up a response to the UDRP. So what is a week of your time worth?
Notice: If you did obviously target a specific business and register something as a typo then disregard everything I said above as the 3rd element is most likely satisfied in the potential case.