The fact the domain isn't being used is very *substantially* in your client's
disfavor.
Assuming this will be resolved by UDRP, and not by the U.S. Courts (which is
likely given 3M's previous domain disputes listed below):
===============================================
The burden for the Complainant, under paragraph 4(a) of the ICANN Policy, is to
show:
- That the domain name registered by the Respondent is identical or confusingly
similar to a trademark or service mark in which the Complainant has rights;
- That the Respondent has no legitimate rights or interests in respect of the
domain name; and
- The domain name has been registered and used in bad faith.
===============================================
Based on the above 3 conditions, and the cases listed below:
Unless the domain in question is 3 followed by a english word starting with the
letter M, they will consider the first condition proved.
Given the domain isn't being used, the second condition is automatic.
The third condition simply then become a matter of opinion.
Your client is nearly guaranteed to lose. Based on the information you have
provided, I would suggest handing the domain over.
Adam
===============================================
Minnesota Mining v. Manufacturing (3M) v JonLR
http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0428.html
Minnesota Mining and Manufacturing Company (3M) v. Belowcost
http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0420.html
Minnesota Mining and Manufacturing Company (3M) v. JSO Company
http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0736.html
===============================================
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