Anti-Cybersquatting - Buying Domains and Breaking Laws

Cybersquatting Warning – Domains & Lawbreaking

Posted on 05. Jan, 2009 by Holly in Business Preparations, Design

Serious Legalities when Purchasing Domain Names with bad intent

Article to Keep You Informed about Domain Name Registrations & Policies

Cyber squatters are people who purchase domain names with the bad faith intent to profit by selling it to the person or company who rightfully owns the name or trademark. It doesn’t matter if there is no trademark officially filed – because the federal law known as the Anticybersquatting Consumer Protection Act will put an end to it.

In addition, a person who registers a domain name that consists of the name of another living person, or a name that is confusingly similar, with the specific intent to profit from the name by selling it for financial gain – the person will be liable in a civil action by such person.

For example, if someone buys your name as a domain name and then offers it for sale to you – that is a clear example of the bad faith intent to profit from the true owner’s name. It can be enough proof to win your case against the cyber squatter.

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Domain name disputes involving alleged bad-faith registrations are serious. They are typically resolved using the Uniform Domain Name Resolution Policy (UDRP) process developed by the Internet Corporation for Assigned Names and Numbers (ICANN).

According to the Cornell Law Website and UDRP’s process as stated, The UDRP lists the following nonexclusive circumstances as evidence of bad faith in the registration and use of a domain name:

Circumstances indicating that the domain name owner registered the domain name or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
The domain name owner registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name owner has engaged in a pattern of such conduct; or
The domain name owner registered the domain name primarily for the purpose of disrupting the business of a competitor; or
By using the domain name, the domain name owner has intentionally attempted to attract, for commercial gain, internet users to the domain name owner’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the domain name owner’s web site or location or of a product or service on the domain name owner’s web site or location.

How Does this Affect You?

If you are doing keyword research online or searching for a niche topic to create a website about, keep this information in mind. For example, if I’m doing research and want to create a website to promote a popular product that helps clear acne – I cannot buy a domain name that contains the product’s name or brand in it. I could, however, use a broader term for the domain name that contains words which are related, like: www.skinandacnesolutionssite.com (just an example). People create websites which feed off of the popularity of a particular person all the time. These people, if they are using the name of the popular person, are subject to the federal cybersquatting laws.

For more information, visit:

The next time you buy a domain name – just keep all of this in mind. If you need more information, please refer to the resources and links above.

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Tags: anti-cybersquatting, copyright domains, cybersquatting, Domains, Holly Mann, icann laws

6 Responses to “Cybersquatting Warning – Domains & Lawbreaking”

annaverawilliams

06. Jan, 2009

I think its very important and useful that you post this kind of information. A new marketer can easily overlook these types of things and might inadvertently take the wrong move without intending to. If you are only thinking about keyword research its easy to forget that a trademarked keyword might get a high search vrs competition ratio but that doesn’t necessarily mean one should use it in a domain name. Particularly in affiliate marketing, if you create a site which is dedicated to promoting a certain product or a certain person’s product, this is something to watch out for. Its very easy to forget.

annaverawilliamss last blog post..Validation Movie

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TinaT

07. Jan, 2009

Thanks for the info Holly. Good to hear from you again.
So I’m wondering as I have a couple of sites with your name in them as you already know but with the word review attached to them? Is this the broader acceptable domain name you were referring to?
Are you saying that people who have been doing affiliate sites who managed to snatch names of the companies they are promoting all have to change their names?

This could be quite confusing – especially when the person who’s name it is is directly profiting as in the case of affiliate sites. I know this will affect you Holly because your name is everywhere and many of the sites are not owned by you.

Suggestions? Anyone? I am meaning as to what people should do who’ve already got long term established sites using this method???

TinaTs last blog post..Wordtracker Vs. Google Keyword Tool

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Holly

07. Jan, 2009

Hi Tina,
Good question and thank you for asking it. Your first question was about if you used a name and attached the word “review” to it – if that was what I meant by a “broader acceptable domain name.” In general, it is not acceptable if the name or brand is a trademark or even well-known.

That is not a big problem (for me) – and I appreciate all of your promoting Tina. I don’t have a problem with you using the domain(s) you have for that. The main problem with the domain thing is when someone specifically buys a domain name of a well-known person or company, with the main purpose of selling it to the person or company to get a profit. You didn’t buy my name or honestriches.com as a domain and then try to get me to buy it off of you. That would be considered cybersquatting. With other companies though – you can’t buy a term that contains their trademark with adding “review” or something else to the domain. You may get away with buying it and using it – but at any time the company or person could ask you to transfer it over and then they may file a case if you don’t.

I was also reading an article about this that stated you cannot buy a domain name like: http://www.microsoftsucks.com or something along those lines. Then Microsoft would definitely try to put an end to it because it is their brand, and because someone is trying to bash it online publicly.

Personally, if you are concerned about the issue and have any questions just email me. I appreciate people promoting for me and if you have a site that has some of my name or book in it – and aren’t sure – just email.

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Link

17. Jan, 2009

Hello,

Ironically, I just had an experience right along these lines.

I’m starting a 2nd site. The domain name I wanted (and several other variations) were already taken by cybersquatters. I asked them how much to buy the one I wanted and they said $2200.00. Can you believe that? I would never do that!

I came up with another very good domain name which is not taken and will soon buy it for $10.00 thru my Web Host Provider.

Link

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TinaT

30. Jan, 2009

Hi,
Hopefully Holly or someone will respond to this. This issue is now on the back of my mind. I am about to register a domain name but now I’m second guessing what I’m doing. There is a website with the same name but it we are both selling a product, not a brand. I will give an example. The website is http://www.silverforks.com. I want to register http://www.silver-forks.com. We both will be selling silver forks. There is a good possibility that if I register I will be taking some of their business. I have done a trademark search and it is fine. So???? Does this mean I can register? They are not eliminating competition are they? They just don’t want people buying domains with the ill intent of selling them back for profit.

Anyone? Anyone???

TinaTs last blog post..Wordtracker Vs. Google Keyword Tool

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TinaT

30. Jan, 2009

Those sites were just an example of my predicament…

TinaTs last blog post..Wordtracker Vs. Google Keyword Tool

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