How can I prove bad faith where my domain name has been stolen? (Cyber-squatting/Intellectual Property Law)

In an online dispute we will be looking at the requirements which will need to be proven under the ICANN’s UDRP (Uniform Dispute Resolution Policy).

Based on these , the key to the complainant’s case is the issue of bad faith, as manifest by four non-exclusive incidents related to the registration and use of the domain name:

(1) acquisition of a domain name “primarily for the purpose of selling … or otherwise transferring the domain name registration to the complainant [for consideration exceeding] out of pocket costs;”

(2) registration of the domain name to .prevent the owner of the trademark from reflecting the [trade]mark in a corresponding domain name

(3) acquisition of a domain name for “disrupting the business of a competitor and (

4) acquisition and use of a domain name to divert Internet users to another web site “for commercial gain,” by “creating a likelihood of confusion with the complainant’s mark as to the source … of [the] Web site”

 

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