What Must a Domain Name Owner Prove to Defeat a Cybersquatting Claim?
The domain name owner/alleged cybersquatter should win the UDRP proceeding if the domain name owner can show that the domain name owner has rights or legitimate interests to the domain name. If any of the following circumstances can be shown by the domain name owner to exist, the domain name owner should win the UDRP arbitration:
1. Before any notice to the domain name owner of the dispute, the domain name owner's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
2. The domain name owner (as an individual, business, or other organization) has been commonly known by the domain name, even if the domain name owner has not acquired any trademark or service mark rights; or
3. The domain name owner is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
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