Cybersquatting is the act of registering well known marks in the name of third parties to which the latter does not have any rights or legitimate interests. If the Domain Name so registered contains your Trademark that has been registered by any third party, you can initiate the proceedings either in a court of competent jurisdiction or can also initiate proceedings under Domain Resolution Policies.
If you initiate proceedings in a Civil court having jurisdiction to hear such cases, you need to establish your case by providing extensive evidence to that effect.
Depending upon the court actions, the time frame to get the desired result might take long (maybe years) due to the procedural and pendency of law suits in the courts. The cost can also be very high.
On the other hand, if you prefer initiating a process under Domain Resolution Policy, most of the ADRs have a time frame of 60 -90 days to decide the dispute. Secondly, the cost of the proceedings is also comparatively low.
You need to prove three elements (may differ from policy to policy) in general i.e.
(i) The Domain Name is identical or confusingly similar to your Trade/Service Mark,
(ii) The Registrant of the Domain Name has no legitimate rights in the Domain Name and
(iii)The Domain Name has been registered in a bad faith.
