Cyber Squatting

[Delete]

Is cyber squatting against the law? :hi:

 

[armstrong]

Hmm. I had a similar question a while back, where I asked what the consequences were of registering a domain with an obvious trademark violation. The answers I got was that the worst that can happen is that they take the domain away from you.

I can imagine if the violation is gross enough, then one can be the first one sued in court for something like this. But even then the action itself isn't illegal, but the damage it causes is real. So the best course of action is ... just don't do it.

 

[Chris_C]

Is cyber squatting against the law?

Yes definitely, but the legal definition of cybersquatting is much more narrow than what the term has become associated with in general. Also like Armstrong has mentioned you're not going to be criminally liable for cybersquatting, although you might be for actions associated with the squat (i.e. redirecting mistypes to harmful content). What's the legal definition of cybersquatting? Someone else can certainly answer that better than me.

 

[RJ]

Cybersquatting - The registration of well-known trade marks as domain names with the attempt to sell them back to the trade mark owner.

www.boydslaw.com/glossary/gloss_itip.html

As far as that definition reads, yes "Cybersquatting" would be illegal because it treds on another's trademarks. If you purposely register Microsoft.tld with the intention of getting money from Microsoft, that's a violation of trademark. However, if you register Apple.TLD but have a legitimate use of it outside of the computer industry, you're likely OK.

It's not always black and white, and this is why there are judges and a domain dispute process in place.

I don't like the term "Cybersquatter" because it's too often applied to legitimate domain resellers who happen to own desireable non-infringing domain names.

 

[AdoptableDomains]

Yes, "cybersquatting" is against the law in many places. Usually trademark law, but other common law of deception and fair trade. Yes in some cases you can be liable for significant punitive and actual monetary damages.

PLEASE, avoid cybersquatting as it gives legitimate domain speculation and trading a bad name.

In general, registering or using a domain name in "bad faith" is cybersquatting. Most legitimate resellers won't knowingly do this.

 

[Coastalguy]

The danger is becoming too popular. What if you don't become too successful and reg a name hoping for a quick sale? Are TM names like this worth the gamble or do most buyers stay away from such names?

ST

 

[Jeff]

The danger is becoming too popular.

I'm not sure that I agree, and I certainly hope it's not true.

I think purposely registering a known ™ trademarked domain ("Quick Sale" or otherwise) name adds to some of the legitimacy concerns for the domain name profession, IMHO. AdoptableDomains, RJ, others above addressed this appropriately, in my view.
Offering to sell it to the actual ™ is an act of "bad faith" ... which can be held against a domain owner in an UDRP, perhaps more as well.

 

[Dave_Z]

Rule number 1: stay away from cybersquatting.

Rule number 2: just follow rule number 1. :lol:

 

[redhippo]

Originally posted by davezan
Rule number 1: stay away from cybersquatting.

Rule number 2: just follow rule number 1. :lol:

whoa !!!ditto. stay away from cybersquat!! lots of other legit good stuff to make deals.:tri:

 

[rambo6376]

Yep, I dont think it is worth the trouble.