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Encyclopedia > Cybersquatting

Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price. Image File history File links Question_book-3. ... The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast...


The term is derived from "squatting," which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. Cybersquatting however, is a bit different in that the domain names that are being "squatted" are (sometimes but not always) being paid for through the registration process by the Cybersquatters. Cybersquatters usually ask for prices far greater than that at which they purchased it. Some cybersquatters put up derogatory remarks about the person or company the domain is meant to represent in an effort to encourage the subject to buy the domain from them.[citation needed] Others post paid links via Google, Yahoo, Ask.com and other paid advertising networks to the actual site that the user likely wanted, thus monetizing their squatting. As with many controversial issues, some argue that the dividing line of cybersquatting is difficult to draw, or that the practice is consistent with a capitalistic and free market ethos. For other uses, see squat. ... This article is about the corporation. ... Yahoo! - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Ask. ...


Cybersquatting is one of the most loosely used terms related to domain name intellectual property law and is often incorrectly used to refer to the sale or purchase of generic domain names such as example.com. For the 2006 film, see Intellectual Property (film). ...

Contents

Legal resolution

Domain name disputes involving alleged bad-faith registration are typically resolved using the Uniform Domain Name Resolution Policy (UDRP) process developed by the Internet Corporation for Assigned Names and Numbers (ICANN). Critics claim that the UDRP process favors large corporations and that their decisions often go beyond the rules and intent of the dispute resolution policy. A UDRP complaint may be initiated at UDRP proceeding with an approved dispute resolution service provider. A victim of cybersquatting may also file an InterNIC Registrar Problem Report regarding a cybersquatter posing as a registrar. The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a document used by the Internet Corporation for Assigned Names and Numbers (ICANN) for the purpose of creating guidelines for use when disputes arise regarding the registration of internet names (domain names). ... ICANN headquarters ICANN (IPA /aɪkæn/) is the Internet Corporation for Assigned Names and Numbers. ...


Court systems can also be used to sort out claims of cybersquatting, but jurisdiction is often a problem, as different courts have ruled that the proper location for a trial is that of the plaintiff, the defendant, or the location of the server through which the name is registered. Countries such as China and Russia do not view cybersquatting in the same way or degree that US law does. People often choose the UDRP (Uniform Dispute Resolution Process) created by ICANN because it is usually quicker and cheaper than going to court, but courts can and often do overrule UDRP decisions. In Virtual Works, Inc. v. Volkswagen of America, Inc. (a dispute over the domain vw.net), the Fourth Circuit Court of Appeals created a common law requirement that the cybersquatter exhibit a bad faith intent in order to confer liability. This means that domain names bearing close resemblance to trademarked names are not per se impermissible. Rather, the domain name must have been registered with the bad faith intent to later sell it to the trademark holder. This article does not cite any references or sources. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... ICANN headquarters ICANN (IPA /aɪkæn/) is the Internet Corporation for Assigned Names and Numbers. ... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Maryland Western, Middle, and Eastern Districts of North Carolina District of South Carolina Western and Eastern Districts of Virginia Northern and Southern Districts of... “(TM)” redirects here. ... Per se is a latin phrase used in english arguments. ...


Some countries have specific laws against cybersquatting beyond the normal rules of trademark law. The United States, for example, has the U.S. Anticybersquatting Consumer Protection Act (ACPA) of 1999. The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast...


Under UDRP policy, successful complainants can have the names deleted or transferred to their ownership (which means paying regular renewal fees on all the names or risk them being registered by someone else). Under the ACPA (Anticybersquatting Consumer Protection Act) a cybersquatter can be held liable for actual damages or statutory damages in the amount of a maximum of $100,000 for each name found to be in violation.


There have been several instances of companies, individuals or governments trying to take generic domain names away from their owners by making false claims of trademark violation. Sometimes they are successful. This practice is called "reverse domain hijacking". For example, little known Heathrow Land Development in Florida attempted to use their narrow one-class trademark and the UDRP process to acquire heathrow.com. The term reverse domain hijacking refers to the practice of acquiring domain names from owners by accusing them of violating trademarks with the domain name, and demanding that the domain be transferred. ...


Australia is another example - auDA requires anyone registering a .com.au Second-level domain to have a valid entitlement for that domain - ie. a registered business name with an Australian Business Number (ABN) issued by the Australian Taxation Office. However, this has failed to protect Australia from such cybersquatting acts. Any Australian citizen over the age of 16 can obtain an ABN (which is free) and use it to register as few or as many domain names as they like. .au Domain Administration (auDA) is the manager of the . ... In the Domain Name System (DNS) hierarchy, a second-level domain is a domain that is directly below a top-level domain (TLD). ... An Australian Business Number, or ABN, is a unique identifier issued by the Australian Taxation Office that is used by business entities when dealing with the Australian government. ... The Australian Taxation Office (ATO) is the Australian government agency that collects taxes and enforces taxation legislation (except customs and external revenues, which are handled by the Australian Customs Service). ...


Internationally, the United Nations copyright agency called WIPO (World Intellectual Property Organization) has, since 1999, provided an arbitration system wherein a trademark holder can attempt to claim a squatted site. In 2006, there were 1823 complaints filed with WIPO, which was a 25% increase over 2005's rate. On average, 84% of claims are decided in the complaining party's favor ([1]) UN and U.N. redirect here. ... Not to be confused with copywriting. ... The World Intellectual Property Organization (WIPO) (French: Organisation mondiale de la propriété intellectuelle or OMPI) is one of the specialized agencies of the United Nations. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

Domain parking is an advertising practice used primarily by domain name registrars and internet advertising publishers to monetize type-in traffic visiting an under-developed domain name. ... The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ... The term reverse domain hijacking refers to the practice of acquiring domain names from owners by accusing them of violating trademarks with the domain name, and demanding that the domain be transferred. ... Domaining is the business of buying, selling, developing and monetizing Internet domain names. ... A Domain Name Drop List is a list containing the expired domain names that will be deleted from the domain name registry in the near future. ... Domain name speculation refers to buying domains with the intent of selling them later for a higher price. ... Domain sniping is the practice of an individual registering a domain name whose registration has lapsed yet whose original registrant still has an interest in the domain name. ... Domain parking is an advertising practice used primarily by domain name registrars and internet advertising publishers to monetize type-in traffic visiting an under-developed domain name. ... Domain tasting, also known as domain kiting, is a practice of registrants using the five-day grace period at the beginning of a domain registration for ICANN-regulated generic top-level domains to test the marketability of a domain name. ... Domain name warehousing is the common practice of registrars obtaining control of domain names with the intent to hold or “warehouse” names for their use and/or profit. ... Type-in traffic is a term describing visitors landing at a web site by entering a word or phrase in the web browsers address bar rather than following a hyperlink from another web page, using a browser bookmark, or a search-box search. ... An incorrectly entered URL could lead to a website operated by a cybersquatter. ... The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast... The PROTECT Act of 2003 authorized fines and/or imprisonment for up to 30 years for U.S. citizens or residents who engage in illicit sexual conduct abroad. ... A domain hack is an unconventional domain name that combines domain labels, especially the top-level domain (TLD), to spell out the full name or title of the domain, making a kind of pun. ... An incorrectly entered URL could lead to a website operated by a cybersquatter. ... A wildcard DNS record is a record in a DNS zone file that will match all requests for non-existent domain names, i. ...

Notable cases

With litigation

People for the Ethical Treatment of Animals logo People for the Ethical Treatment of Animals (PETA) is an animal rights organization based in the United States. ... People Eating Tasty Animals is a website, hosted by Mike Doughney, that parodies the animal rights organization PETA (People for the Ethical Treatment of Animals). ...

Without litigation

This page is about the official residence of the President of the USA. For other White Houses see White House (disambiguation). ... Whitehouse. ... // Whitehouse. ...

See also

The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast... On the Internet, the Domain Name Server (DNS) associates various sorts of information with so-called domain names; most importantly, it serves as the phone book for the Internet by translating human-readable computer hostnames, e. ... Michael Urvan (b. ... This article or section is not written in the formal tone expected of an encyclopedia article. ... “TLD” redirects here. ... “URL” redirects here. ... The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a document used by the Internet Corporation for Assigned Names and Numbers (ICANN) for the purpose of creating guidelines for use when disputes arise regarding the registration of internet names (domain names). ...

External links

  • ICANN's page about the UDRP
  • WIPO's Domain Name Dispute Resolution Service
  • Internet Library of Law and Court Decisions Analysis of over 80 Court and UDRP Proceedings Resolving Domain Name Disputes
  • Experience Hendrix, L.L.C. v. Hammerton, example of a WIPO decision regarding cybersquatting
  • TaubmanSucks.com, detailed account of a cybersquatting lawsuit
  • Heathrow.com arbitration decision, ruling denying a company's attempt to use a very limited trademark to grab a domain name in which the owner had rights (as ruled by the arbitrator).
  • Jennifer Lopez arbitration decision, ruling granting the entertainer's company a number of domain names containing her trademark (as ruled by the arbitrator).
  • Nissan Motor vs. Nissan Computer, legal timeline and information regarding Nissan Motor Company's unsuccessful cybersquatting lawsuit against the owners of the nissan.com domain name.
  • How to Reclaim Your Site From Domain Squatters

  Results from FactBites:
 
Cybersquatting - Wikipedia, the free encyclopedia (559 words)
Cybersquatting is a term used to describe the practice of registering and claiming rights over Internet domain names that are, arguably, not for the taking.
Court systems can also be used to sort out claims of cybersquatting, but jurisdiction is often a problem, as different courts have ruled that the proper location for a trial is that of the complainant, the defendant, or the location of the server through which the name is registered.
The term cybersquatting is sometimes wrongly used to refer to the sale or purchase of generic domain names.
  More results at FactBites »


 

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