Cybersquatting is generally defined as the registering, sale or use of a domain name containing a trademark that the registrant doesn’t have the rights to with the intent to profit from the goodwill of the mark. Cybersquatters generally depend upon the goodwill associated with someone else’s trademark. By buying up domain names that are closely linked with a pre-existing business or person, cybersquatters hope to profit through an association with well-known trademarks or through sale of the domain to the trademark owner. Cybersquatters also may have more nefarious purposes such as capturing personally identifying data from unsuspecting users mistyping the URL. Thankfully, there are legal options to help you recover from a cybersquatting-related offense, including the Anti-Cybersquatting Consumer Protection Act “ACPA”. There are few ways you can tell if you have been the victim of cybersquatting. Generally, you should first check out the domain name that you want to register to see if it leads to a legitimate website. If the address is of a website that looks to be functional and related to the subject of the domain name, then you have most likely just come to the game too late and will have to offer to buy the domain name unless you can make a case for trademark infringement.
ACPA LawsuitsACPA is designed to allow trademark owners to sue an alleged cybersquatter in federal court. If the trademark owner wins, these lawsuits generally result in a court order requiring the cybersquatter to transfer the domain name to the trademark owner and, in some situations, pay monetary damages as well. For a plaintiff to be successful in such a lawsuit, he or she must be able to prove that the trademark was distinctive at the time the domain name was first registered – that the domain name registrant (the alleged cybersquatter) had a bad faith intent to profit from the trademark – that the registered domain name is identical or similar enough to cause confusion with the real trademark, and that the trademark is protectable under federal trademark law (meaning that the trademark is distinctive and its owner was the first to use the mark in commerce). ICANN ArbitrationThe ICANN started its arbitration system after assuming control of domain name registration. ICANN began using the Uniform Domain Name Dispute Resolution Policy (UDNDRP), an international policy aimed at arbitrating most domain name disputes instead of litigating. Under this policy, an action for arbitration can be brought by anyone that claims that: (1) The domain name owner has no rights or legitimate interest in using the domain name; (2) The domain name in question is identical or similar enough to be confused with a trade or service mark that the claimant has rights to; and (3) The domain name was registered in bad faith. If the trade or service mark owner can establish each of these elements during the arbitration, they will win. When this happens, the domain name will be cancelled and transferred to the claimant. However, there is no possibility of money damages being awarded under UDNDRP. ACPA Lawyer Free ConsultationWhen you need legal help with cybersquatting or ICANN, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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via Michael Anderson https://www.ascentlawfirm.com/cybersquatting-law/
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