The well-known publication, The Economist, brought a UDRP action to gain control of the domain name www.theeconomist.com. The registrant of the domain name had registered the name 11 years earlier. For over five years, the registrant did not use the name. The registrant then created a single-page site, which had a photograph of prominent economist Alan Greenspan with a legend underneath reading “Alan Greenspan, Chairman Federal Reserve Board is The Economist of the century,” and links to websites concerning Greenspan and the Federal Reserve System. Under the UDRP, to succeed, The Economist had to show:
(1) The disputed domain name was identical or confusingly similar to a trademark or service mark in which The Economist had rights;
(2) The registrant had no rights or legitimate interests in the disputed domain name; and
(3) The disputed domain name had been registered and was being used in bad faith by the registrant. How should the Panel decide this case?