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Examining Disputes Centered Around Cybersquatting

Posted on in Cyber Crime

IL cyber law attorneyIn the digital age that we live in, having a stellar online presence can make or break a business. In that vein, having a recognizable and easily recognized domain name can be critical to a business’s overall viability and profitability. Because of this, there are various disputes that can arise regarding the rights to a domain name. Below, we will examine common cybersquatting disputes and how you should move forward if you are in the midst of a cybersquatting predicament. If you are involved in any sort of domain dispute, seek out knowledgeable legal assistance immediately.

Understanding Forms of Cybersquatting

Cybersquatting is defined as a process in which a certain party purchases and registers the domain name of a well-known brand, in the hopes of reselling the domain name back to the company for a profit. Reverse cybersquatting is a process in which a trademark holder (company) attempts to take away a domain name from a party that is actually using the domain name for a legitimate purpose. Lastly, typosquatting is a process in which a party purposely uses the domain name of another company but includes a typo as a means of directing traffic to their website.

What You Can Do

In all of the above-mentioned instances, it is important for you to act quickly. In some cases, a “cease and desist” may scare the other party involved into giving up the domain name in order to avoid legal action. In other cases, you will need to pursue legal action.

A Uniform Domain-Name Dispute Resolution Policy (UDRP) action can be taken to seek the domain name. In these instances, the trademark holder must prove that the party using the domain name is acting in bad faith and not using the domain name for a legitimate purpose. In these instances, no monetary damages will be awarded to the trademark holder.

Another legal option is to argue that the other party is in violation of the Anti-Cybersquatting Consumer Protection Act (ACPA). Taking an ACPA can be more expensive and strenuous, but compensation can be included when the domain name is transferred.

Contact a Knowledgeable United States Domain Dispute Lawyer

With years of experience helping clients navigate cyber law disputes ranging from copyright infringement to intellectual property misuse, our team at Nelson Cyber Law is prepared to represent each and every one of our clients to the best of our ability. Recognizing the importance that a domain name has on a company’s wellbeing, we will do all in our power to assist you through your domain name dispute. To schedule a complimentary initial consultation with an Illinois domain dispute attorney, contact us today at 1-800-440-5536.

 

Source:

https://cyber.harvard.edu/property00/domain/legislation.html

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