What the terminology refers?
It is the intention of earning profit by recording, retailing or operating the brand name of some other. It is the way of buying the domain name of existing trades with the purpose of using the goodwill of their brands to earn profits. In a broader sense, If one has his own trademark and see that other one is using it pledged as a domain name until he pays a large sum for it, the trademark owner may be the dupe of domain hunch.
Back ground of Cyber squatting –
The practice came into forefront at a time when business houses were not so much internet savvy from the point of their commercial opportunities in the cyber world. There were a few, who registered their domain name registration with the objective of selling their products. Many business houses became the victim of cyber squatting by that time. But with the passage of time, all of them have realized the problem and at present, no one moves further towards internet marketing until he gets his domain registered and trademark protected from a reputed domain provider.
Detecting Cyber squatting –
To detect whether a business unit is the victim of cyber squatting or not, following steps are to be taken over.
Check the ultimate destination of the domain – In general, when one logs into a web site, it takes him directly to that particular web page. Instead, if it starts giving messages like, “This domain is for sale”, or “The site is under repair”, or, “Can’t locate the server”, there may be the possibility of cyber squatting. The truancy of the original site reveals that the only objective of the domain registration owner is to put it up for sale at a higher price. Obviously it is not always true. The domain name owner may have some specific plans to do something with the domain in future.
Next possible chance is that if the domain takes him to another site containing display of products or services affiliated with his trademark.
Third probable area is if the domain name goes to a web page, looks like operative, having a substantial relation to the domain his name but do not have any relation with his product or services.
Get in touch with the domain registrant – Before taking any hasty decision, it is wise to get in touch with the domain registering company. The details of the domain owner is always available from the WHOIS lookup. Check, if there are adequate reasons for selling off the domain.
Pay, if it is reasonable – Acquiring a domain from a cyber squatter becomes the best choice once in a blue moon. It costs less and at the same time, pare down the hassles of legal complications.
Remedies for cyber squatting –
To take protection from cyber squatting, following steps can be hold good :
- Lodge a complaint under anti cyber squatting protection Act.
- Use global adjudication system offered by ICANN, which states,
- A domain name is unique and similar to a trademark in which the claimant has rights.
- The domain name owner has no legitimate right in the domain name, and
- The domain is registered and used in bad faith.
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