Thankfully, I've never been accused of it, but have any of you had to deal with that accusation? I've even heard of folks purchasing their name for a domain and getting accused of it. I just wondered what would happen to someone who is accused of such a thing.:confused:
I have never been accused of cyber squatting, but I did have to deal with an accusation of 'typo-squatting' once. It was really minimal, and the domain just got blacklisted at Sedo. At the time, I wrote about it here:
http://www.domainsocial.com/legal-discus...laint.html
To answer your question as to what happens when you are accused of cyber-squatting: you usually get a complaint from the trademark owner. Then the trademark owner can file a complaint with one of the ICANN approved Dispute Resolution Mediation Service Providers. A panel (sometimes only one member) will review the complaint and then make a decision as to whether or not to transfer the domain.
You should be aware, however, that trademark owners usually win.. no matter how absurd their claim. However, if you are blatantly cyber-squatting, then that is use of the domain in 'bad-faith' and you will definately lose.
Zach
I've never been accused and, except for a few high profile case, never heard of anyone getting accused. I suspect the threat is overstated.
What is the normal resolution of cybersquatting? Is the domain just turned over to the person who filed the claim or just returned to the registrar or how does it work?
triumph Wrote:What is the normal resolution of cybersquatting? Is the domain just turned over to the person who filed the claim or just returned to the registrar or how does it work?
The domain name is always turned over to the trademark holder if it is found that cybersquatting is occuring.
It's always been in the back of my mind when deciding on a domain. I am really paranoid about stuff like that for some reason.
While IANAL, I've been involved in many aspects of the domain registration
business. Legal issues included.
It's safe to say it's case to case. It depends on any and all facts gathered.
If it's a no-brainer you're cybersquatting, then definitely you have every right
to lose the domain name. You either hand it over just like that or the party can
file for a dispute, eventually win, and potentially give you a "blackeye" should
a similar dispute arise in the future.
Like I posted in another thread, the question is why you registered the name
in the first place. If it's really to get a free ride on someone's brand, then you
might want to turn it over.
"Generic" domain names are harder to deal with. Again, this is where it will
depend on whatever facts are gathered.
Complaining parties have 2 procedures to use: the UDRP and whatever law
is applicable to the party's geographic location (like ACPA for the US). UDRP
is a more convenient and cheaper means to resolve this, but the party can
opt to go to Court if they wish to secure monetary damages.
HTH.
I know of some people that have had legal problems like that, i don't know why so many of these companies care so much, they could share the wealth, if they aren't going to use the domains to make money, they should let other people do it. That is one problem i have with big companies like those.
I have to agree that sometimes businesses expect folks to clean up for them whenever they need something. I hate that.
Can someone explain what cybersquatting is to me? Is that where you buy a domain name similar to something that is already trademarked?