Domain Infringement and Internet Copyright Lawyers
“Cybersquatting” or “Domain Squatting” is the registration and commercial use of an Net address in bad faith to make the most from someone else’s well-known name, brand or trademark. Cybersquatting is a serious threat to valid trademarks because it causes confusion, diverts Word wide web traffic and siphons off financial revenue from the legitimate owners. The major issues for proving the invalid use of a domain name are registration, commercial utilization and bad faith.
“Why is Cybersquatting a Impending danger to Valid Trademarks?”
Domain names with a prominent name, brand or trademark in their address have turned out to be very valuable. Trademark owners have invested their time, energy and capital in establishing the standing of their “brands.” When clients are misdirected to an invalid domain address, many negative consequences can result, including confusion, loss of goodwill and dilution of revenue.
Derogatory information can hurt the reputation of the trademark owner. Invalid domains siphon off Net traffic that could have gone to the valid site. Pay-per-click advertising has allowed cybersquatters to profit from someone else’s onerous work.
“Proving Invalid Use of Domain Name”
Trademark owners must prove that they have registration and usage of the famous brand under the Lanham Act. Next, they must prove that someone else has registration and commercial utilization of a domain name that is comparable to their trademark.
The last hurdle is “bad faith” – the cybersquatter must have “known” of the popular trademark and sought to profit from infringing upon someone else’s brand. This “commercial” element is important for infringement and dilution charges.
If the trademark owner can’t prove all of these points, then the defendant wins the case.
When a cybersquatter has a valid use for a domain name that he has registered, then he has the right to that site. If a woman is named Brenda Coke, she has the right to use her name for a domain name.
Because the Internet is worldwide, jurisdiction can be a problem. Kevin Spacey lost his initial claim because he didn’t file his claim with the proper court. Internet laws vary by country.
Some companies are not as famous as they wish they were. “Bad faith” is necessary for liability. If someone didn’t know of the brand, then bad faith can’t be proven. It is important to hire an internet attorney to help you with your internet copyright needs.