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What is a Bad Actor in a Cybersquatting Dispute?

1st July, 2021

Posted by ESQwire

Cybersquatting has become increasingly damaging to businesses, particularly when cybersquatting is done in bad faith. If you own a trademark and you have realized that another person or entity has purchased a domain name with your trademark, you may be unsure of the appropriate next steps to protect your trademark and your business interests. If you have begun looking into your options for a UDRP complaint or moving forward with UDRP proceedings, you have likely learned that you will need to be able to prove bad faith on the part of the party who purchased the domain name. We want to provide you with additional information about a bad actor in a cybersquatting dispute, but we also want to emphasize the importance of hiring a cybersquatting attorney as soon as possible. To be successful in a UDRP complaint, you will need the best UDRP lawyer to assist you with your case.

Bad Faith Requirement in a UDRP Complaint

In order to understand how the term “bad actor” is used in cybersquatting and typosquatting cases, it is critical to understand the bad faith requirement in a UDRP complaint and in the UDRP process.

In order to be successful in a UDRP complaint, you will need to prove bad faith. What is bad faith, and what does it mean to prove bad faith? The Harvard University Center for Internet & Society explains that, “to prevail in a domain name dispute under the UDRP, the complainant must prove that the disputed domain name has been registered and is being used in bad faith.” The UDRP specifically cites four circumstances that can be considered evidence of bad faith, but they are not necessarily the only examples of bad faith:

  • The domain was registered primarily for the purpose of selling it to the complainant or a competitor for more than the documented out-of-pocket expenses related to the name; or
  • The domain was registered in order to prevent the mark owner from using it, provided that the registrant has engaged in a pattern of such registration; or
  • The domain was registered primarily to disrupt the business of a competitor; or
  • By using the domain, the registrant has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion as to source or affiliation.

A Bad Actor is the Party Who Acts in Bad Faith

To be clear, a bad faith requirement finding means the complainant will need to prove two different types of bad faith: bad faith registration and bad faith use. A wide variety of cases help to clarify the type of evidence that can be used to show bad faith in a UDRP complaint, and a cybersquatting dispute lawyer can provide you with additional information.

In a UDRP complaint, a bad actor is the party who engages in bad faith registration and bad faith use of the domain.

Contact a Domain Name Attorney About Cybersquatting

When you need assistance proving bad faith in a UDRP complaint, a domain name lawyer can assist you. Contact ESQwire for more information.

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