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- First, the trademark owner must demonstrate that the domain name is identical to, or confusingly similar to, a trademark in which the complaining party has rights. Common misspellings or typographical errors are typically sufficient to satisfy this requirement.
- Second, the trademark owner must prove the cybersquatter has no legitimate rights to the trademark. Lack of use of the domain name, offering the domain for sale or the use of the domain in connection with a competitive service is usually sufficient to satisfy
this requirement. - Third, the trademark owner must show that the domain name was registered and is being used in bad faith. Typical examples of bad faith registration include use of the domain name for fraudulent purposes, such as click fraud or to direct traffic to a competing Web site.
UDRP proceedings typically take place through electronic submission of documents (i.e., no in-person hearing) and may involve a single arbitrator or a panel of three arbitrators.
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George S. Isaacson
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