Tuesday, November 20, 2007

NAF Overview - Part 5

When trying to show the Respondent has no rights or legitimate interest in a domain name, your arguments should focus on the content of the website (if any) and help draw a conclusion that none of the following exist:
(1) Any preparations to use the domain name in connection with a bona fide offering of goods or services prior to the dispute;
(2) Any indication that the Respondent has been commonly known by the domain name even if it has acquired no trademark rights; and
(3) Any legitimate non-commercial or fair use of the domain name without intent to divert consumers or to tarnish the trademark.

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