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- The domain name registrants intention was to profit from your domain name in bad faith
- Your trademark was in effect and widely known at
time
domain name was registered
- The domain name is identical to your trademark
- And you have actually registered
trademark
How do you know there is a bad faith intent? Well, there is probably no bad faith intent if one of
following is true:
- domain name is
same as
person's name or nickname.
- They are actually selling or intend on selling something on their web site
- Does
web site owner actually have a legitimate use of
domain name? This would be, for example, true for a company named "McDonalds Plumbing". They would have a legitimate reason for owning
"McDonalds" domain name.
Some clues that cybersquatting is occurring include:
- The domain name owner has put up a web site which in some way harms your company. For example, if you had somehow purchased "AOL.ORG" and created a web site about how AOL provided terrible service, you are cybersquatting.
- If
domain name owner never legitimately used
domain name and simply offered to sell it to you, he is cybersquatting. If a person buys up a lot of names and has sold them over and over, there is a pattern of cybersquatting.
- If
domain name is
same as a very famous trademark, then it has a greater likelihood of being considered cybersquatting.
What can happen if someone is found guilty of cybersquatting is they can be ordered to hand over
domain name. In addition, if
domain was purchased after 1999, they can be ordered to pay monetary damages.
