Cybersquatting is the purchase of a domain name in bad faith.
Usually this is done with the intention of reselling that
domain
name
back to the legal copyright
holder, although sometimes
there are other reasons. This is considered a violation of
the
trademark laws.
Laptop Battery An example of cybersquatting would be if someone purchased
the
domain name "mcdonalds.ws" and then proceeded to attempt to
sell
it
back to McDonalds. It would also
be considered a violation of
the law if the purchaser put up a web site describing how
bad
McDonald's food was or commenting on the service.
According to the indictment, Jones would steal various IBM and Penguin computer servers from Verisign's warehouse in Virginia and sell them to Johnson. Johnson would then sell the servers to several individuals, who would sometimes place them for sale on eBay. As a result of this scheme, the indictment alleges that Jones and Johnson caused Verisign to lose more than $120, 000 worth of computer equipment. In the indictment, Jones and Johnson are charged in three counts with causing the interstate transportation of stolen property, namely IBM 330 and 335 servers, in violation of 18 U.S.C.
Thinkpad Cybersquatting was made illegal by the passage of a federal
law
in 1999 known as the Anti-Cybersquatting Consumer Protection
Act. The law became necessary because numerous large
companies
were forced to pay large sums to buy their domain names from
third parties. These companies included such notables as
Panasonic, Fry's Electronics, Hertz and Avon.
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Microsoft How do you know if a company is a victim of cybersquatting?
Type
in a name that has been trademarked preceded by "www" and
following by ".com", ".net" or ".org". If you get a valid
web
site which looks like it is related in some way to the
domain
name, then there is no cybersquatting in effect (although
this
could be a simple trademark violation). However, if you get
one
of the following results, then this could be a cybersquatter.
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Desktop Computer - page with no relationship to domain name
Notebooks Of course there could be a reasonable explanation for each
of
these results, so they do not always mean there is
cybersquatting occurring. It's a good idea to contact the
domain
name owner before taking any legal action to find out what's
going on.
Lenovo How do you prove someone is cybersquatting?
Hard Drive - The domain name registrants intention was to profit from
your
domain name in bad faith
Travelstar - Your trademark was in effect and widely known at the time
the
domain name was registered
Gateway - The domain name is identical to your
trademark
Laptop Parts - And you have actually registered the
trademark
Software How do you know there is a bad faith intent? Well, there
is
probably no bad faith intent if one of the following is true:
Hard Drives - domain name is the same as the person's name or
nickname.
Electronics - They are actually selling or intend on selling something
on
their web site
Canon - Does the web site owner actually have a legitimate use of
the
domain name? This would be, for example, true for a company
named "McDonalds Plumbing". They would have a legitimate
reason
for
owning the "McDonalds" domain
name.
Desktop Pc Some clues that cybersquatting is occurring
include:
Desktop Computers - The domain name owner has put up a web site which in some
way
harms your company. For example, if you had somehow
purchased
"AOL.ORG" and created a web site about how AOL provided
terrible
service, you are cybersquatting.
Think Pad - If the domain name owner never legitimately used the
domain
name and simply offered to sell it to you, he is
cybersquatting.
If a person buys up a lot of names and has sold them over
and
over, there is a pattern of cybersquatting.
Repair - If the domain name is the same as a very famous
trademark,
then it has a greater likelihood of being considered
cybersquatting.
Data Recovery What can happen if someone is found guilty of cybersquatting
is
they can be ordered to hand over the domain name. In
addition,
if the domain was purchased after 1999, they can be ordered
to
pay monetary damages.
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