Produced in partnership with Emily Taylor of Oxford Information Labs

The following TMT practice note produced in partnership with Emily Taylor of Oxford Information Labs provides comprehensive and up to date legal information covering:

  • Cybersquatting
  • What is cybersquatting?
  • What cybersquatting is not
  • Preventing cybersquatting
  • Defensive registrations
  • Trademark Clearinghouse, Sunrise Periods and Trademark Claims
  • Domains Protected Mark List (Donuts)
  • The .eu domain name registry (EURid)
  • Dispute resolution
  • Trade mark infringement
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note provides an introduction to cybersquatting, covering:

  1. What is cybersquatting?

  2. What cybersquatting is not

  3. Preventing cybersquatting

  4. Defensive registrations

  5. Trademark Clearinghouse, Sunrise Periods and Trademark Claims

  6. Domains Protected Mark List (Donuts)

  7. The European Registry for internet domains (EURid)

  8. Dispute resolution

What is cybersquatting?

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.

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