> The third condition simply then become a matter of opinion.

Well, perhaps that's a slight overstatement.

In order to defend this case, you must prove that the domain has not been
registered and used in bad faith.

To do so, you need to prove:

A) That he has legitimate plans for the domain (business plan, etc), and
the domain is descriptive of those plans.

B) That he has not tried to sell the domain.

C) That he does not own other domains containing famous marks.

If you can prove that, there are several other UDRP cases (I can dig
some up if he pays me) that were settled in favor of the respondent
(domain holder) given baid faith could not be proven.

    Adam




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