Domain name trademark infringement
Cybersquatting is a type ofdomain name trademark infringementinvolving the bad faith registration of internet domain names. Individuals involved in this act will register,sell or use a website domain that inappropriately incorporates a protected trademark or service mark.
What is cybersquatting and how can you avoid it?
Cybersquatting is a type of domain name trademark infringement involving the bad faith registration of internet domain names. Individuals involved in this act will register, sell or use a website domain that inappropriately incorporates a protected trademark or service mark.
What is cybersquatting liability under the ACPA?
An important aspect of cybersquatting liability hinges on the plaintiff proving that the defendant acted with the bad faith intent to profit. The ACPA has a so-called “safe harbor” provision that protects a domain name owner who “believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.”
What is cybersquatters Act and how does it work?
Cybersquatters perpetrate this act because they expect the company will buy the domain name back at an exorbitant price or pay a licensing fee to use it instead.
What is the difference between cybersquatting and bad faith domain registration?
There are some distinct differences, however, between the two. Not every instance of digital infringement, for instance, constitutes cybersquatting. One example is when improper listing practices are used on Amazon. Although infringement has occurred, there was no bad faith registration of a domain name.
What is Cybersquatting?
Cybersquatting is a type of domain name trademark infringement involving the bad faith registration of internet domain names. Individuals involved in this act will register, sell or use a website domain that inappropriately incorporates a protected trademark or service mark. The intent of undertaking this action is to profit from an established brand’s goodwill among consumers.
Why did PETA sue Doughney?
PETA attempted to get Doughney to transfer the domain name willingly, and when he refused to do so, they sued him for trademark infringement, cybersquatting and dilution. The website’s content proved without a doubt that it was a parody page, but the court ruled that this wasn’t conveyed in the domain name itself.
What is the anticybersquatting consumer protection act?
Anticybersquatting Consumer Protection Act. Prior to 1999, the Federal Trademark Dilution Act (FTDA) was the main avenue for responding to cybersquatting. This changed after the passage of the Anticybersquatting Consumer Protection Act (ACPA).
What is the alleged purpose of cybersquatters?
The alleged cybersquatter intended to profit from bad faith registration.
What is bad faith cybersquatter?
The cybersquatter can engage in a variety of bad faith actions. These could include anything from selling similar items on the infringing website to offering the owner the chance of purchasing the domain at an inflated price. Courts and international organizations will consider a variety of elements to decide whether bad faith actions have occurred. These factors include the following:
What is ICANN statute?
Often these types of cases are handled through the Internet Corporation for Assigned Names and Numbers (ICANN).
How long does it take to reply to a question?
Deadline for a reply (usually 10 days).
What is ACPA in court?
ACPA 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.
How do cybersquatters profit?
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.
What is cybersquatting domain?
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. For example, Dell filed a lawsuit in 2007 against another party that had registered the URL "DellFinacncialServices.com" and 1,100 others, alleging cybersquatting. In that case, the defendants had registered misspelled confusingly similar domains to those owned by Dell with the intention of capturing the traffic from people mistyping "DellFinancialServices.com."
How to prove a trademark?
For a plaintiff to be successful in such a lawsuit, he or she must be able to prove: 1 That the trademark was distinctive at the time the domain name was first registered 2 That the domain name registrant (the alleged cybersquatter) had a bad faith intent to profit from the trademark 3 That the registered domain name is identical or similar enough to cause confusion with the real trademark, and 4 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).
What is ICANN arbitration?
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:
How to tell if you have been 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.
What to do if you are confronted by a cybersquatter?
But if you’re confronted by a cybersquatter and need to take legal action, you’re better off contacting a legal professional.
What is cybersquatting?
Cybersquatting is the bad faith registration, trafficking in, or use of a domain name that is identical to, or confusingly similar to a distinctive mark, or dilutive of a famous mark, without regard to the goods or services of the parties. In other words, cybersquatting is when someone beats a company to the punch by reserving the company’s name or trademark as a domain name with the bad faith intent to profit from it. Cybersquatters perpetrate this act because they expect the company will buy the domain name back at an exorbitant price or pay a licensing fee to use it instead.
What court has handled cybersquatting lawsuits?
One case in particular, Audi AG v. D’Amato, even made its way to the United States Court of Appeals for the Sixth Circuit.
How are websites identified?
Websites are identified by their Internet Protocol (IP) addresses , which consist of a series of numbers. A domain name is simply a more intuitive representation of the IP address that’s easier to remember. For instance, the numbers 188.8.131.52 likely have no initial meaning to most people, but virtually everyone recognizes the domain name that represents them: www.espn.com. For this reason, companies prefer to use their trademarks as their domain names because the public can locate them easily online. Cybersquatters capitalize off this fact and reserve domain names knowing how valuable they are to trademark owners.
What is the phone number to call if you are a victim of cybersquatting?
If you think you’re the victim of cybersquatting, or if you believe that someone has wrongfully accused you of cybersquatting, contact our experienced Internet attorneys here or call 855-473-8474.
Is cybersquatting a trademark?
Cybersquatting is prohibited by federal law under the Anticybers quatting Consumer Protection Act (ACPA), but remains problematic because reserving domain names is primarily done on a first-come, first-served basis. However, if a trademark owner shows: (1) that it owns a distinctive or famous mark; (2) that the defendant registers, uses, or traffics in a domain name that is identical to or confusingly similar to the distinctive or famous mark; and (3) that the defendant had a “bad faith intent to profit” from the mark, then a court can award as much as $100,000 in statutory damages for each domain name, cancel or transfer the domain name to the rightful trademark owner, and even award the plaintiff attorney fees.
Can you be sued for cybersquatting?
The ACPA has a so-called “safe harbor” provision that protects a domain name owner who “believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.” It is entirely possible that one can be sued for cybersquatting and not be found liable because she truly believed that her use of the domain name was legitimate.
What is a traverse legal?
Traverse Legal’s domain name, trademark, and cybersquatting attorneys are recognized for their experience and innovation across a wide range of domain name and cybersquatting for both trademark owners and domain name owners. A domain trademark lawyer can help retrieve your domain name from a thief, a cybersquatter, or other bad actor.
How much can you get for cybersquatting?
Yes – the maximum amount awarded for cybersquatting damages under the ACPA is $100,000.00. But attorneys fees are sometimes awarded as well. A cybersquatting lawyer can help you understand the potential risks and rewards of pursuing a domain name through threat letter, UDRP arbitration or ACPA lawsuit.
Is domain name theft real?
Domain name theft is real. A web developer, web host, employee, partner, IT professional or third party who gains access to your domain registrant account can transfer your valuable domain name away from your control or shut down your website. Domain theft happens every day. You need help from a domain trademark protection lawyer.
Is a name protected from cybersquatting?
Yes, personal or proper names are protected from cybersquatting under the ACPA, and anyone who “registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person”. An experienced cybersquatting lawyer can help you understand if your personal name is protected.