The complainant was Mobile Communication Service, Inc., which did business under the name Mobilcom. The domain name in question was "mobilcom.com," which had been registered by respondent WebReg, RN. Mobilcom contended that the domain name consisted entirely of its trademark, that WebReg lacked any rights or legitimate interests in that name, that there was no evidence that WebReg was making a legitimate noncommercial or fair use of the domain name, and that the domain name was registered and being used in bad faith. Mobilcom noted that WebReg had offered to sell the domain name for $35,000, which they argued was consistent with WebReg's pattern of registering domain names that incorporate the marks of third parties and offering them for sale.
1. Would the complainant have won the case if it could not show that it had an interest in the name Mobilcom? Must all of the elements be shown to get relief?
2. Is it acceptable to have a business selling domain names? How must such a business show that it creates domain names?
3. How would one show that the company creating domain names was aware of another firm's use of a dictionary term as a trademark?