Any domain name law attorney is regularly faced with the question from prospective and existing clients alike: “How can I get the domain name that matches my trademark?” Some assume that they are automatically entitled to it, while others recognize that domain name law requires several things before one can alleged or pursue a cybersquatting matter. Since domain names rights are on a first come, first serve basis, only in the event that the trademark owner can establish trademark rights and a bad faith intent to register, use or traffic in the domain name that they wish to own would a cybersquatting cause of action apply. Therefore, an experienced domain name attorney will be able to answer the question only after analyzing both your trademark rights and the domain name registration and use in order to determine whether or not the requisite bad faith intent exists.
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