I would be lying to you if I said that my thoughts are entirely coherent at this point. I am certainly creating a more organized framework in my mind as a result of interaction and conversation with various people, including HN, as well as my own research.

Here's what I know so far (hopefully a coherent set of thoughts now):

- Common law trademarks in the US do offer protection so long as one does not abandon usage of the mark in commerce
- This is the case with me
- I can show continuous usage for nearly 30 years
- I will still have to file an opposition to their attempt to obtain a USPTO trademark
- Have to wait three months
- It will cost a few thousand dollars
- They have been spamming the 'net with press releases in an attempt (successful so far) to drown out the few pages of search results that associated my name to the brand
Q: Is there a "waybackmachine" for search
In other words, is there a way to show what search results looked like for a certain terms on a specific date?
- Whether or not they succeed at obtaining a trademark they can resort to suing me in order to snatch away the domain
- Two theories here
- Dilution: They take their 20 pages of search results and claim my possession of the domain damages "their" brand
- Financial Intimidation: If I don't defend they can claim abandonment and own the brand
- The law regarding domains does protect me 100%, yet it does not protect me from having to spend tons of money to defend it
- Much like patents, they are a right to defend yourself and, if you don't have the money to do so they could be worthless
- Per nissan.com, it could cost hundreds of thousands of dollars to defend yourself
- Even if the other party has no merit whatsoever
- Hence my comment about having to sell everything and end-up on the street if I want to defend
- Our legal system seems to be setup to favor those with deep pockets by allowing them to inflict such pain that the other party caves and gives in
- The merit of the case does not matter when one party has to risk losing it all to mount a defense
- Have not found a way around this (free qualified legal help, or some other equalizer of sorts)
- Without further data it seems that someone with tens of millions of dollars can force someone without a huge bankroll to give up their brand
- If this is my reality I will almost have no choice but to give-up on my dreams and on a brand I've owned for nearly thirty years

That, I think, is the context under which I said some of the things I've been saying. Regarding the 7 figures thing. I probably did a horrible job of communicating the intent. Not sure I can do better, but I'll try.

I don't want to sell. This was not my intent. I was actually getting ready to launch a new startup under this brand (moving away from consulting). There are only two ways I could see letting go of it. The first is if I have to face financial ruin to protect it. Not hard to understand. I have responsibilities towards my family that I cannot abdicate. The second is at the other end of the scale. This is the case where they make an offer that is so compelling that it would satisfy the idea of doing the right thing for my family and would make letting go of a brand that's been dear to my heart for nearly three decades. That offer, for me, is in the 7 figures (which, after taxes, can easily turn into 6).

I hope that clarifies where I am right now. I might not have all the angles covered but I think I understand the problem reasonably well. I am hoping to learn more as I sit down with counsel this week and explore legal realities.

Biggest take-away for others: If you own a domain you intend to use in the future and it matters to you, put up a blog and write something relevant to the brand every so often. If you just let it sit there you could be in trouble. And, yes, file for and obtain a trademark as soon as possible. Common law trademarks do work but real paper trademarks are far more powerful.

Thanks for your input.