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Topic: Cybersquatting


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  Cybersquatting - Wikipedia, the free encyclopedia
Cybersquatting is a term used to describe the practice of registering and claiming rights over Internet domain names that are, arguably, not for the taking.
Court systems can also be used to sort out claims of cybersquatting, but jurisdiction is often a problem, as different courts have ruled that the proper location for a trial is that of the complainant, the defendant, or the location of the server through which the name is registered.
The term cybersquatting is sometimes wrongly used to refer to the sale or purchase of generic domain names.
en.wikipedia.org /wiki/Cybersquatting   (559 words)

  
 Cybersquatting: What It Is and What Can Be Done About It   (Site not responding. Last check: 2007-11-05)
Cybersquatting: What It Is and What Can Be Done About It A 1999 law and an international arbitration procedure crack down on people looking to profit from other people's trademarks.
Cybersquatting means registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's trademark.
The ACPA defines cybersquatting as registering, trafficking in or using a domain name with the intent to profit in bad faith from the goodwill of a trademark belonging to someone else.
www.nolo.com /encyclopedia/articles/ilaw/cybersquatting.html   (1029 words)

  
 CYBERSQUATTING: THE LATEST CHALLENGE IN FEDERAL TRADEMARK PROTECTION
Cybersquatting is about beating the trademark holder to a domain name.
Cybersquatting cases predating the ACPA demonstrate that the Lanham Act's trademark infringement and dilution provisions are ill-equipped to corral the ever-swelling ranks of cybersquatters.
As the cybersquatting in these two cases did not involve commercial use, it normally would not permit a finding of trademark dilution or infringement.
www.law.duke.edu /journals/dltr/articles/2001dltr0009.html   (4132 words)

  
 Cybersquatting
Cybersquatting is the purchase of a domain name in bad faith.
An example of cybersquatting would be if someone purchased the domain name "mcdonalds.ws" and then proceeded to attempt to sell it back to McDonalds.
Cybersquatting was made illegal by the passage of a federal law in 1999 known as the Anti-Cybersquatting Consumer Protection Act.
www.tipz.net /cybersquating.htm   (595 words)

  
 Technorati Tag: cybersquatting
USATODAY.com - Abortion activist sued for cybersquatting Some of the most-high profile consumer and media companies in the nation are suing a South...
Law.com - Domain Re-Registration Activates Cybersquatting Law … court has ruled that although the Anti-Cybersquatting Consumer Protection Act is not...
Cybersquatting - it's not legal, or cool CA tech lawyer can help.
technorati.com /tag/cybersquatting   (492 words)

  
 Define cybersquatting - a definition from Whatis.com   (Site not responding. Last check: 2007-11-05)
According to the U.S. federal law known as the Anti-Cybersquatting Consumer Protection Act, cybersquatting is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else.
The principle is "First come, first served." For this reason, a number of enterprising individuals and companies have applied for and reserved domain names, either new or expired, that they think someone else will want, either now or in the future.
Cybersquatting: What It Is and What Can Be Done About It
whatis.techtarget.com /definition/0,,sid9_gci213900,00.html   (410 words)

  
 WIPO/PR/2006/435: WIPO Responds to Significant Cybersquatting Activity in 2005   (Site not responding. Last check: 2007-11-05)
In 2005, a total of 1,456 cybersquatting cases were filed with WIPO’s Arbitration and Mediation Center.
This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001.
"Notwithstanding the unique effectiveness of the UDRP as a global remedy against cybersquatting, the fact that WIPO’s caseload in 2005 was the highest in four years and that many of these cases concern recently registered domain names, underlines the need for continued vigilance by intellectual property owners," said Mr.
www.wipo.int /edocs/prdocs/en/2006/wipo_pr_2006_435.html   (1746 words)

  
 U.N. agency: 20 percent rise in cybersquatting complaints over 2005   (Site not responding. Last check: 2007-11-05)
The agency registered 1,456 complaints for cybersquatting -- or abusive registration of trademarks as Internet domain names -- and the practice appears to be on the rise, said Francis Gurry, deputy director general of the World Intellectual Property Organization, or WIPO.
But while the German and French were rarely accused of bad faith, the number of Chinese firms or individuals to come under fire far outnumbered their compatriots filing claims.
With about 60 million registered domain names worldwide and the number still growing, he said cybersquatting would probably increase, but hoped that new measures would help stem the tide.
www.post-gazette.com /pg/06026/644109.stm   (545 words)

  
 Cybersquatting   (Site not responding. Last check: 2007-11-05)
Both the Act and the Policy are attempts at broadening traditional trademark laws to prevent Cybersquatting.
To prove a case of Cybersquatting under the Act, a trademark owner would have to prove that the person who registered the domain name had a bad faith intent to profit from the registration, traffic-in, or use of the domain name.
Although the Policy contemplates that most domain-name disputes will be resolved by the courts, it also calls for an administrative dispute-resolution proceeding to attempt to enable a streamlined, economical resolution of disputes arising from the allegedly abusive registrations of domain names.
www.mgrossmanlaw.com /articles/2000/cybersquating.htm   (1348 words)

  
 Wired News:
Domain dispute experts say a lawsuit against the owner of newyorkyankees.com could score as a test case for a new federal law against cybersquatting.
The lawsuit's primary charge of domain-squatting cited the Trademark Cyberpiracy Prevention Act, which Congress enacted in November to outlaw cybersquatting.
Abel said another case testing the new cyberpiracy law involves a still-pending lawsuit by Harvard Law School, which is suing the owner of names including harvardlawschool.com for cybersquatting.
www.wired.com /news/politics/0,1283,33435,00.html   (905 words)

  
 E-Commerce News: News: Is Cybersquatting Killing E-Business?
Although cybersquatters' numbers have diminished -- along with their profits -- domain-name vultures are still in the wild, and companies that hope to maintain their good name on the Net must stay vigilant and organized to keep them at bay.
To stay ahead of cybersquatters, companies sometimes even register misspellings of their name or get creative, as when Verizon snapped up verizonsucks.com before it was claimed by someone with less than honorable intentions.
Defensive registering and vigilant monitoring of expiration dates may seem like obvious counters to cybersquatting, but some companies are still lax in applying these tactics to fend off the bad guys.
www.ecommercetimes.com /perl/story/21638.html   (899 words)

  
 Law.com - 2nd Circuit Limits Jurisdiction of Anti-Cybersquatting Act
Jurisdictional limitations for actions brought to stop cybersquatting of registered Internet domain names have been upheld by the 2nd U.S. Circuit Court of Appeals.
Deciding a case of first impression in the circuit, the court said the "basic jurisdictional grant" in the Anticybersquatting Consumer Protection Act of 1999 (ACPA) "contemplates exclusively a judicial district within which the registrar or other domain-name authority is located."
Mattel sought to invoke the anti-cybersquatting statute, which was passed by Congress in response to bad-faith registration of domain names by parties who have no connection to the original product and are merely trying to capitalize on the trademark's fame or force the trademark owner to pay for the domain name.
www.law.com /jsp/article.jsp?id=1036630383097   (677 words)

  
 WIPO/UPD/2005/239: WIPO Continues Efforts to Curb Cybersquatting   (Site not responding. Last check: 2007-11-05)
The World Intellectual Property Organization (WIPO) continued its efforts to combat the abusive registration of trademarks as domain names, or cybersquatting, in 2004, when it received 1,179 cases, or a 6.6% increase, over the number received the previous year.
Gurry also stressed that there was still bad faith associated with the practice of cybersquatting as over 80% of the WIPO expert decisions have gone in favor of the trademark holder, be it a large multinational corporation or a small or medium-sized business.
Frequent users of the UDRP include the entertainment industry, pharmaceutical companies, IT firms and a significant number of small-to-medium-sized businesses who favor the UDRP over traditional litigation considering it to be a far quicker and cheaper way of protecting their trademark rights against cybersquatting.
www.wipo.int /edocs/prdocs/en/2005/wipo_upd_2005_239.html   (1028 words)

  
 Document: 9th Circuit Opinion in Avery Dennison Cybersquatting Case, 8/23/99.
[17] Cybersquatting dilution is the diminishment of " `the capacity of the [plaintiff's] marks to identify and distinguish the [plaintiff's] goods and services on the Internet.' " Panavision, 141 F.3d at 1326 (quoting the Panavision district court, 945 F. Supp.
Although evidence on the record also demonstrates that the <.com> and <.net> distinction is illusory, a factfinder could infer that dilution does not occur with a registration.
This genuine issue of fact on the question of cybersquatting dilution should have prevented summary judgment for Avery Dennison.
www.techlawjournal.com /courts/avery/19990823.htm   (5220 words)

  
 What is cybersquatting? - A Word Definition From the Webopedia Computer Dictionary
Comparing cybersquatting to online extortion, Senator Spencer Abraham, a Michigan Republican, has introduced to Congress the Anti-Cybersquatting Consumer Protection Act.
Violators would be charged a fine of up to $300,000.
The World Intellectual Property Organization (WIPO) has also outlined anti-cybersquatting tactics, which have been endorsed by ICANN (Ironically enough, someone recently registered www.wipo.com in order to sell it back to WIPO for several thousand dollars).
www.webopedia.com /TERM/C/cybersquatting.html   (135 words)

  
 USATODAY.com - Abortion activist sued for cybersquatting   (Site not responding. Last check: 2007-11-05)
MINNEAPOLIS (AP) — Some of the most-high profile consumer and media companies in the nation are suing a South St. Paul man to stop him from using their trademarks to direct people on the Internet to anti-abortion Web sites.
The joint lawsuit filed in U.S. District Court in Minneapolis on Thursday set up a fight over the rights of companies to protect valuable trademarks vs. the right to free speech.The Washington Post, Coca-Cola, McDonald's and PepsiCo joined in the lawsuit against William S. Purdy Sr., a former railroad engineer and longtime abortion opponent.
The suit accuses Purdy of cybersquatting — a practice in which someone exploits a name or trademark by registering and using Internet domain names that are identical or confusingly similar to the famous ones.
www.usatoday.com /tech/news/techpolicy/2002-07-19-cybersquatting_x.htm   (543 words)

  
 cybersquatting - Internetnews.com - Webopedia.com
Cybersquatting is the act of registering a popular Internet address--usually a company name--with the intent of selling it to its rightful owner.
This bill, if enacted, would make cybersquatting illegal.
Even though legislation has not been enacted, almost all cybersquatting court-case decisions are against cybersquatters.
inews.webopedia.com /SHARED/search_action.asp?Term=cybersquatting&...   (118 words)

  
 Wired News: Cybersquatters Try New Tactics
Cybersquatting the domain name of a celebrity and selling it for a king's ransom was one of the great get-rich-quick schemes of the early internet.
But since courts now tend to favor the star over the squatter, a new kinder, gentler cybersquatting tactic has emerged.
These days, savvy domain speculators seek to register a star's domain before that person becomes famous, and then develop a business relationship with the new celebrity, offering website hosting or design work.
www.wired.com /news/technology/internet/0,70475-0.html?tw=wn_index_1   (663 words)

  
 Cybersquatting
Cybersquatting, Eric Swetsky, Eric Swetsky Barrister and Solicitor Trademark Agent
Cybersquatting: Statement by Senator Orrin G. Hatch, judiciary.senate.gov
John Tesh Sues for Trademark Infringement and Cybersquatting, by Rob Hassett
ethics.csc.ncsu.edu /commerce/cybersquatting   (227 words)

  
 Cybersquatting
Cybersquatters are "individuals [who] attempt to profit on the Internet by reserving and later selling or licensing domain names back to the companies that spent millions of dollars developing the good will of the trademark." Intermatic, Inc. v.
The World Intellectual Properties Organization ("WIPO") has defined cybersquatting to be the "abusive registration of a domain name." According to the WIPO definition,
Commentators suggested that the courts had "stretched the law" to combat the actions of Mr.
www.internetlegal.com /cybersquatting.htm   (3453 words)

  
 PCWorld.com - Global Domain Registrars Debate Cybersquatting
GENEVA -- Pushing for uniformity in the handling of Internet domain name disputes, the World Intellectual Property Organization (WIPO) is tackling cybersquatting and other issues in a conference here this week with representatives from 66 country domain registrars.
Cybersquatting is getting more widespread with the large-scale adoption of the Internet.
Earlier in February, a WIPO panel ruled on a dispute about the domain Brucespringsteen.com.
www.pcworld.com /news/article/0,aid,42102,00.asp   (611 words)

  
 WebEx hits Citrix with cybersquatting suit | CNET News.com
WebEx Communications said Thursday that it has filed a lawsuit against Citrix Systems, alleging that a competitor engaged in trademark infringement and cybersquatting by registering domain names similar to that of its new service.
Filing its suit in the U.S. District Court for Northern California, WebEx alleges that Citrix registered as many as 10 domain names that used variations of the name of WebEx's service.
The Material Girl filed a complaint with the World Intellectual Property Organization, or WIPO, to get control of a domain name that featured her stage name.
news.com.com /WebEx+hits+Citrix+with+...+suit/2100-1030_3-5561929.html   (906 words)

  
 E-Commerce News: News: NCAA Files Cybersquatting Suit
For the fourth time this year, the National Collegiate Athletic Association has filed a cybersquatting lawsuit accusing an Internet company of unauthorized use of NCAA trademarks.
According to Bearby, the four NCAA lawsuits have cited violations of the Anti-Cybersquatting Consumer Protection Act, which states that cybersquatting, or registering the name of a well-known company or celebrity with the intent to hold it hostage, is illegal.
The law allows trademark holders to sue for possession of Internet addresses that are the same or "confusingly similar" to their trademarked names, providing that the person or entity that registered the addresses did so in "bad faith."
www.ecommercetimes.com /perl/story/12985.html   (791 words)

  
 CNN - Senate committee targets 'cybersquatters' by approving new bill - August 2, 1999
The bill, called the "Domain Name Piracy Prevention Act of 1999," will next be addressed by the full Senate, said Jeanne LoPatto, a press secretary for the Judiciary Committee.
The bill would give domain registries limited exemptions from liability if they cancel a name they believe infringes on another domain name.
The bill would also allow trademark owners to recover damages in cybersquatting cases.
www.cnn.com /TECH/computing/9908/02/cybersquat.idg   (363 words)

  
 EFF "Cybersquatting and Internet Address & Domain Name Disputes" Archive
Full text of 1999 US bill, the so-called "Trademark Cyberpiracy Prevention Act" (TCPA), a poorly-written bill that grants trademark holders numerous new rights at the expense of free speech, privacy, fair use and justice.
The US Senate bill passed and sent to the House to stop cybersquatting.
Details the legal avenues people can pursue to steal your domain name, and what to do to prevent it.
www.eff.org /Spam_cybersquatting_abuse/Cybersquatting   (1754 words)

  
 ABC News: U.N. Reports Rise in Cybersquatting   (Site not responding. Last check: 2007-11-05)
U.N. Agency Says There Was a 20 Percent Rise in Cybersquatting Complaints in 2005
By BRADLEY S. GENEVA Jan 25, 2006 (AP)— The U.N. copyright agency on Wednesday reported a 20 percent jump in "cybersquatting" complaints last year, coming mainly from top tech firms, trendy fashion brands, Hollywood stars and sports personalities.
The agency registered 1,456 complaints for cybersquatting or abusive registration of trademarks as Internet domain names and the practice appears to be on the rise, said Francis Gurry, deputy director general of the World Intellectual Property Organization, or WIPO.
abcnews.go.com /Technology/wireStory?id=1539742   (354 words)

  
 TheHawaiiChannel.com - News - Lingle Accuses Dems Of Violating Cybersquatting Law
At a news conference Thursday, Lingle also called on Democratic opponents Mazie Hirono and Matt Matsunaga to speak out against what she called an underground smear campaign.
Lingle and running mate Duke Aiona said a Web site entitled Linglefacts.com violates the state's cybersquatting law because it directs computer users to a Democratic Party-sponsored Web site critical of Lingle.
Aiona said no legal action is planned to try and force the site's closure, but he and Lingle called on their Democratic opponents to speak out against what they called a clear violation of the law.
www.thehawaiichannel.com /news/1714178/detail.html   (481 words)

  
 Grandpa from The Simpsons could face cybersquatting charge
Grandpa from The Simpsons could face cybersquatting charge
I think we are on the verge of a new era of partnership with government - Steve "Understatement" Ballmer
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www.theinquirer.net /?article=12941   (181 words)

  
 Cybersquatting
Commonly, when a domain is purchased by a cybersquatter, the web site is inaccessible, mentions the site is under construction, or has information about how to buy the domain.
Victims of cybersquatting have the ability to sue under the Anticybersquatting Consumer Protection Act (ACPA), or can fight the name through the Internet Corporation of Assigned Names and Numbers (ICANN).
Were you able to locate the answer to your questions?
www.computerhope.com /jargon/c/cybersqu.htm   (101 words)

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