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Cybersquatting

>>>>>>>>>>>>>>>>>>>>>>>>>>What does Cybersquatting mean ?

At Cybersquatting users register domains that contain a brand name (Brandjacking) or personal name (namejacking). The cybersquatters have no own reference to this name. Instead, they offer the domains to these persons or trademark rights holders, usually at high prices. They speculate that the persons concerned will accept the offer because of the great interest in the domain in question. Cybersquatting is to be distinguished from typosquatting, in which the responsible parties rely on typo domains.

How can those affected take action against Cybersquatting?

The international organisation Internet Corporation for Assigned Names and Numbers (ICANN) has developed a dispute resolution procedure in the form of the Uniform Domain-Name Dispute-Resolution Policy (UDRP). It applies to almost all top-level domains in the world. Affected parties can turn to an ICANN-approved dispute resolution body. A right holder in a trademark should be able to prove that the domain name is the same as or similar to his trademark name. The other party can respond, and an arbitrator makes a binding decision. The serious disadvantage for the claimant is the high fees he has to pay regardless of the outcome. At WIPO, they are at least 1,500 US dollars.

Alternatively, he can seek recourse to ordinary courts at Cybersquatting:

  • Rights in Trademarks: Owners can refer to the Trademark Law.
  • Personal name: They can refer to the name law of the Civil Code.

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