Chapter 5: Third UDRP element: the disputed domain name has been registered and is being used in bad faith
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Bad faith is a serious charge, and probative evidence is needed to support this. Circumstances supporting a finding of bad faith include proof that the respondent registered or acquired the domain name primarily for the purpose of selling or otherwise dealing with the domain name for valuable consideration in excess of the acquisition cost; or to prevent the owner of the trademark from using a similar domain name; or that the primary purpose of acquiring the disputed domain name is to disrupt the business of a competitor; or registration and use of the domain name with the intention of misleading internet users by creating a likelihood of confusion with the trademark owner’s trademark. A pattern of wrongful conduct is evidence of bad faith, such as registration of numerous trademarks of the complainant. Obvious misspelling of a famous trademark may indicate bad faith, as may failure to respond to a complainant’s demand letter.

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