Cybersquatting
Cybersquatting is a claim for trademarks wrongfully used in domain names. The plaintiff must show the defendant:
(i) has a bad faith intent to profit from that mark; and
(ii) registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark.
See 15 U.S.C. § 1125(d).
In determining whether the defendant has a bad faith intent, a court may consider any factors. The statute provides a non-exhaustive list of 9 factors.
