davezan - 7:38 am on Sep 26, 2006 (gmt 0)

Ditto what WebWork said. One seasoned attorney has, time and again, emphasized that disputes like these are fact-intensive.

The domain name not being actively "used" is a factor not solely justifiable enough to take it away from its registrant. It depends on any and all details gathered and presented should a dispute occur.

I can understand, though, why that attorney the OP is referring to stated that. A vast number of registrants out there don't even know this reality can happen to them.