The following TMT practice note Produced in partnership with Emily Taylor of Oxford Information Labs provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to cybersquatting, covering:
What is cybersquatting?
What cybersquatting is not
Trademark Clearinghouse, Sunrise Periods and Trademark Claims
Domains Protected Mark List (Donuts)
The European Registry for internet domains (EURid)
Domain names are not usually considered to be intellectual property rights (IPRs). Instead the domain name owner has the right to use the domain name for the duration of the contract with the registrar. However, the domain name can still be considered to be a non-physical asset (akin to IPRs) with an economic value.
Cybersquatting is a catch-all term describing registration and/or use of a domain name in bad faith. Domain name dispute resolution processes, and legislation, tend to avoid defining cybersquatting. Instead, they describe the sort of activities or outcomes which will lead to a finding of bad faith. Typical examples include seeking to profit from the goodwill associated with the mark, by selling the domain name to the trade mark holder or a competitor of the trade mark holder; profiting from internet traffic intended for the trade mark holder; or otherwise causing confusion.
Cybersquatting includes typo-squatting, the registration of a domain name that includes a misspelling of the trade mark of another business.
If the registrant has legitimate rights in the name or, in certain circumstances, where the domain name
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