It depends on what a judge rules, but my opinion is that you would be at their mercy. Signed affidavits could sway a judge, (an email less likely, they tend to not hold up in court and they could always argue that the person you corresponded with wasn't in the position to give you permission); but trademark infringement is trademark infringement regardless of the premise you committed it. So even if a judge doesn't rule in favor of them getting compensatory damages you would likely still lose the domain name assuming you registered it after they trademarked the name.
__________________
┌∩┐(◣_◢)┌∩┐
ICQ # 427013273
|