How are the rights and legitimate interests over the domain name demonstrated?

Any of the following circumstances, can help demonstrate the rights or legitimate interests over the domain name:

i.
Before having received any advice of the controversy, the domain name has been used, or demonstrable preparations has been effected for its use, or a name corresponding to the domain name in connection with an offer of products or services in good faith; or
ii.
Title holder (in private, company or other organization character) has been known commonly by the domain name, even when he has not acquired product or service mark rights; or
iii.
A legitimate and fair or not commercial use of the domain name is made without intention of leading off the consumers erroneously or sully the good name of the subject product or service mark for lucrative purpose.

We consider that the best form to attack the illegal use of a trademark in the Internet is by means of the infraction action established in Mexican Industrial Property law, considering that recurrence in these behaviors can constitute a crime and the administrative sanctions are higher.

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