Nominet Accusation

I'm effectively being accused of cybersquatting. But there are some issues i want people to clarify:

1. If the domain has never been registered before, is it cybersquatting?
2. If the domain name is not a trademark is it cybersquatting?

Any other points that you think can help my case would be great.

Thanks

Ed

Potentially, yes it is cybersquatting. What is the domain and when was it registered? If it was registered before the domain you're supposedly squatting it will put you in a stronger position.