Even if a celebrity can prove a common-law trademark right in their name, the right does not necessarily prevail at all costs. The second and third UDRP factors require celebrities to show that the domain owner lacked a legitimate use for the domain name and that the registration is in bad faith. A Panel may determine that the domain owner has a legitimate interest in the domain if they share the same personal name as the celebrity or uses the domain for a fan/gripe website. However, regardless of a domain owner's legitimate interest, a determination that the domain name was registered in bad faith will sway any decision in favor of the celebrity. Source confusion and intent to profit are the bad faith factors most commonly cited in celebrity domain name proceedings. With source confusion, panels worry that use of the celebrity's personal name will confuse internet users into thinking that a website is run, owned, endorsed or sponsored by the celebrity. This concern is more prominent when the domain name consists solely of the celebrity's personal name and is not coupled with other terms such as "fans." In addition to confusion, any commercial use of a celebrity domain name will also be weighed against the domain owner. Commercial considerations include offering the domain name for sale or loading the website with sponsored advertisements. In fact, panels have generally held that even if the website is being used as a fan/gripe site, any evidence of commercial gain, i.e. sponsored links, will lead to a finding of bad faith.
Since these disputes tend to end favorably for the celebrity, it is reasonable to consider the following points when dealing with celebrity domain names. First, a celebrity's current commercial use of their personal name will weigh heavily in favor of the celebrity. Second, if a domain owner is using the website as a fan/gripe site then they may have a legitimate interest in the domain. In addition, if the domain contains other terms such as "fans", i.e. bradpittfan.com, then it is more likely that the court will favor the domain owner for free speech reasons. Third, regardless of a domain owner's legitimate interest, if the domain is being utilized for financial gain the celebrity will likely prevail.