It's true that it is hard to win an ICANN dispute with a trademark registered after the domain name. Was this case with Nintendo before ICANN or a U.S. court? ICANN's resolution process is one avenue, but U.S. courts also have jurisdiction if the parties and registrar are U.S. entities. The point is that there was an arrangement in place and he didn't choose this domain name on his own coincidentally. I don't know how formal the arrangement was, but he certainly can't claim that he happened to choose that name long before the existence of Dolphin as a project.
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