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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.
Richard Lowe Jr. is the webmaster of Internet Tips And Secrets. This website includes over 1,000 free articles to improve your internet profits, enjoyment and knowledge. Web Site Address: http://www.internet-tips.net Weekly newsletter: http://www.internet-tips.net/joinlist.htm Daily Tips: internet-tips@GetResponse.com