9/5/2023 0 Comments Domaining definition![]() ![]() First, the Court must decide whether the contested mark was distinct or famous at the time of registration of the domain name. ![]() When a cybersquatting case emerges, the Court brings a successful action based on the three main determinants. The Anti– Cybersquatting Consumer Protection Act ( ACPA) has provided for the prevention and prohibition of cybersquatting to a greater extent. ![]() Anti-Cybersquatting Consumer Protection Act Conflicts between two trademark holders or between a trademark holder and a registrant with rights or legitimate interests are not the concern for UDRP. The UDRP is designed to solve disputes which usually arise when registrant has registered a domain name identical or confusingly similar to the trademark with no rights or legitimate interests in the name and has registered and used the domain name in bad faith. The UDRP is designed to be efficient and cost effective. ICANN introduced the Uniform Domain Name Dispute Policy (UDRP) in 1999, which has been used to resolve more than 20,000 disputes over the rights to domain names. Legal Framework Uniform Domain Name Dispute Policy In this sense, the cyber squatter breaches the fundamental rights of the trademark owner to use its trademark. Thus we can say that a cyber squatter breaches the right of the trademark owner to utilize his own trademark. The problem arises when the trademark owner cannot register his own trademark as a domain name as long as a cyber squatter owns the domain name. The domain name system is administered by the Internet Corporation for Assigned Names and Numbers (“ICANN”) ICANN was formed in November 1998 as a non-profit, private sector corporation “to take over responsibility for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions. Since domain name serves as an online trademark by means of a source identifier, it represents the quality and goodwill of the concerned individuals or company. This system is structured in a hierarchical manner and follows a first come first serve policy for the registration of domain names. The Domain Name System (DNS) is a system that transfers a domain name into an IP address, which is a string of numbers. Phishing scams also include fake websites that appear as hosted by legitimate or reputable institutions. Phishers usually send disguised emails that appear to have been sent from legitimate trademark owners. Phishing – It is a kind of cyber fraud that misuses confidential financial information and other personal or sensitive data. Since its an unfair business practice, the reverse cyber squatters are liable to compensate its victims for the damage done.ĥ. Reverse Cybersquatting – In order to secure the domain names of legitimate owners, the cyber squatters may impose certain pressure to transfer the ownership of the person or company that owns the legitimate trademark of such domain names. However, the US Anti– Cybersquatting Consumer Protection Act provides trademark protection to such personal names which have reduced name jacking to a greater extent.Ĥ. ![]() The primary reason for doing so is to benefit from the web trafficking related to such famous personalities. Name Jacking – The name jackers usually target the names of famous celebrities and register a domain name associated with such targeted names. After registering the expired domain names, cyber squatters duplicate the original websites and thus misleading the genuine visitors of such websites.ģ. They use special software applications to monitor the expiry of some specific domain names. When such domain names are not renewed by their previous owners unintentionally, the cyber squatters immediately purchase such domain names. Identity theft – Once a domain name is registered successfully, it also needs to be renewed periodically. Typo squatters may also create a fake website that almost resembles the original website by using the same layout, color schemes, logos and content to trick its internet users.Ģ. ![]()
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