Final answer:
A plaintiff must prove that the person or entity using the offending domain name has bad faith intent to profit from the use.
Step-by-step explanation:
In addition to the first criteria, a plaintiff must prove that the person or entity using the offending domain name has bad faith intent to profit from the use.
This requirement is often seen in cases of trademark infringement or cybersquatting, where someone registers a domain name that is identical or confusingly similar to a famous trademark or brand.
The plaintiff must show that the defendant deliberately chose the domain name with the intention of exploiting the trademark or brand for their own financial gain.