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Anticybersquatting Consumer Protection Act
The below list of factors that a court will consider to determine whether the domain name was registered in bad faith.
- Does the domain name holder have trademark rights in the domain name?
- Is the domain name the legal name of the domain name holder, or some other name that is otherwise commonly used to identify that person?
- Has the domain name holder made use (prior to the dispute) of the domain name in connection with a bona fide sale of goods or services?
- Is the domain name holder using the mark in a bona fide noncommercial or fair use way at a web site accessible at the domain name?
- Is the domain name holder attempting to divert consumers from the trademark owner's web site in a confusing way, either for commercial gain or in an attempt to tarnish or disparage the trademark mark?
- Has the domain name holder offered to sell the domain name to the trademark owner (or anyone else) for financial gain without having any intent to use the mark with the sale of goods or services?
- Has the domain name holder behaved in a pattern of registering and selling domain names without intending to use them in connection with the sale of goods or services?
- Did the domain name holder provide false information when applying for the registration of the domain name (or do so in connection with other domain names)?
- Has the domain name holder registered domain names of other parties trademarks?
- How distinctive and famous is the trademark owner's trademark?
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"The time men spend in trying to impress others they could spend in doing the things by which others would be impressed."
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