Cybersquatting

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Federal law defines cybersquatting as registering, trafficking in, or using an internet domain name with bad faith to profit from the goodwill of a trademark belonging to someone else. Individuals and entities that find themselves the victim of a cybersquatter have numerous remedies at their disposal to stop cybersquatting dead in its tracks. These options include informally negotiating with a cybersquatter for the sale of the domain name, arbitration proceedings through the Uniform Domain-Name Resolution Policy, or filing a federal lawsuit.

The most common way trademark holders stop cybersquatters is by filing a UDRP complaint with the World Intellectual Property Organization’s Arbitration and Mediation Center. This option is the most cost-effective and time-efficient way to stop cybersquatting. Outside of negotiating and arbitration there is also federal law that allows victims of cybersquatting to sue their cybersquatters. The Anti-cybersquatting Consumer Protection Act (ACPA) creates civil liability for the cybersquatting of any mark. This is the primary federal law on the books to deter cybersquatting.

Additionally, individual states have stepped up to the task and created individualized state laws that can be the basis for a cybersquatting lawsuit. In 2000 California became the first state to enact a statewide law that outlawed cybersquatting on the personal name of someone without their permission (living or dead). In 2001 Hawaii enacted a law outlawing cybersquatting on trademarks and personal names. Also in 2001 Louisiana enacted an anti-cybersquatting law aimed at outlawing the cybersquatting of personal names. In 2007 New York created an anti-cybersquatting law to stop cybersquatting on a domain name of a living person. In 2010 Utah joined the pack and outlawed cybersquatting of personal names and trademarks. As cybersquatting and domain name dispute issues have become more prevalent it is expected that more state-wide laws will be enacted to combat this malicious practice.

Ever since the invention of the internet, thousands of companies, non-profits, organizations, and individuals have had to deal with cybersquatting in one form or another. Some of the most famous examples include PETA (People for the Ethical Treatment of Animals) suing for the domain name <peta.org> when in 1995 a man registered <peta.org> for his website titled “PETA, People for the Eating of Tasty Animals” and Microsoft’s attempt at taking over the domain name <MikeRoweSoft.com>. Even famous heiress Paris Hilton has been at the center of various domain name disputes. Since 2010 Paris Hilton has acquired brand-infringing domain names such as <paris-hilton.com>, <parishiltonsunglasses.com>, <parishiltonheiress.com>, and <parishiltonperfume.com>. 

While some of these more famous examples can make cybersquatting seem like a problem only well-known brands have to worry about, this is not the case. Cybersquatting can happen to any person or brand, and if not dealt with quickly, it can deter potential customers who end up on a cybersquatter’s website. 

Whether you are a business entity or an individual, the presence of your brand online is vital in the digital age. Whether you want to negotiate with a cybersquatter informally to settle the matter, or you want to begin legal proceedings, our team of attorneys has the experience in domain name dispute law that can get you your desired result.