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Cybersquatting

Cybersquatting (also known as domain squatting) is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else.

The term is derived from "squatting", which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent, or otherwise have permission to use.

Terminology[edit]

In popular terms, "cybersquatting" is the term most frequently used to describe the deliberate, bad faith abusive registration of a domain name in violation of trademark rights. However, precisely because of its popular currency, the term has different meanings to different people. Some people, for example, include "warehousing", or the practice of registering a collection of domain names corresponding to trademarks with the intention of selling the registrations to the owners of the trademarks, within the notion of cybersquatting, while others distinguish between the two terms.[1] In the former definition, the cybersquatter may offer to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.


Similarly, some consider "cyberpiracy" to be interchangeable with "cybersquatting", whereas others consider that the former term relates to violation of copyright in the content of websites, rather than to abusive domain name registrations.[1]


Because of the various interpretations of the term, World Intellectual Property Organization (WIPO), in a 1999 report, approved by its member states, considered it as the abusive registration of a domain name.[2][3]

vs. Denny Hammerton,[11] 2000 (WIPO Case)

Jethro Tull

vs. Parisi,[12] 2000 (WIPO Case)

Madonna

(Tiger Beat) vs Next Level Productions (Benny Doro).[13]

Primedia Magazine Finance Inc.

, 2001

People for the Ethical Treatment of Animals v. Doughney

, 2005

Lamparello v. Falwell

v. Future Media Architects, 2008[14]

Lufthansa

Microsoft vs. MikeRoweSoft

v. Panavision[15]

Dennis Toeppen

Nissan Motors vs. Nissan Computer

v. Nexperian Holding Limited[16]

Van Cleef & Arpels, S.A.

v. Nexperian Holding Limited[17]

Aviva Brands Limited

Swiss Arabian Perfumes Ind. Ltd. v. Nexperian Holding Limited

[18]

Mou Limited v. Nexperian Holding Limited

[19]

Planned Parenthood Federation of America, Inc. v. Bucci

Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd.

Sources[edit]

 This article incorporates text from a free content work. Licensed under CC-BY-4.0. Text taken from 2021 WIPO's Global Intellectual Property Filing Services​, WIPO.

Media related to Cybersquatting at Wikimedia Commons