Cybersquatting means that the domain name is registered on the internet to license or sell to an entity or person who wants to use it at a profit. Suppose the domain name is identical to the trademark used by this entity and person. This way, the trademark owner can act against those who registered or hold their domain name. It is also called domain name piracy, domain name grabbing, or cyber piracy.
What about applicable laws
Trademarks are identifying goods or creating a distinction among different sources of goods. Every company’s trademark is thought to be distinctive, and the law protects it. The history of USA trademark law goes back to 19 century. After world war 2, the need for rapid economic growth, the manufacturer needs to trade identity, or better protection from violation go back trade mark law.
In 1870, formed the first Federal trademark law. This law has been modified numerous times in response to new circumstances. In 1905, formed major revisions to this federal trademark law were. The act’s name comes from a member of Congress. A man devoted himself to his creation according to the traditions of America. This Lanham Act is identical to English trademark law.
The only significant modification of the Lanham Act is the 1996 Dilution Act. It further moved to protect the business interests. Its completely done the modification of the Trademark Act 1905 to 1881. In 1999, another modification introduced the Anti-cybersquatting Consumer Protection Act. On the internet, this act controls trademark infringement by domain names. This act introduction means that the people with trademark rights also have the right to the domain name. Like Coca, Cola company registered its name on Cokacola.com, so nobody else can use it. It protects the company trademark from misrepresentation.
The UDRP mechanism can be used to resolve domain name disputes in addition to the Anti-Cybersquatting Consumer Protection Act (Uniform Domain Name Resolution Policy). The Internet Corporation developed this process for ICANN(assigned names or numbers). Students can get complete information or guidance on different law topics by taking online law essay help UK.
For a UDRP complaint to be executed should consist of three elements
-the complainants can complain in UDRP if the domain name is identical to the service mark or trademark.
-A registrant has no legal rights to a domain name.
-A registrant registering the domain name on the internet uses it in bad faith.
The bad faith of UDRP considers in different situations.
-Either a registrant is registering the primary domain name to rent and sell or transfer it to another complainant that may be a trademark owner;
-Either a registrant is entering a domain name primarily to spoil a competitor’s business;
What is the goal of UDPA?
The goal of the process of UDPA is to provide an alternative solution for disputes resolving for victims of cybersquatting. UDPA process is less expensive and quicker as compared to ACPA. If a party loses the proceeding of UDPA, they can use another lawsuit for the registrant domain within local law. UDRP method is applied in a wide range of circumstances.
Moreover, in addition to UDPA and ACPA, each particular country has its law, which resolves all cybersquatting disputes.
Anti-cybersquatting laws couple of countries
In Australia, the auDA process requires registering a second-level domain .com.au to have a valid domain entitlement. If a business name is registered with the ABN, the Australian Taxation Office will issue it (Australian Business Number). It failed to protect the cybersquatting act of Australia. Any Australian citizen that is above 16 age can use free ABN or register more than one domain number as they want.
Canada is a regulating body of the internet. The Canadian internet registration authority, CIRA, has an approach like Australia. However, for .ca registration, the popular country-code domain meets with requirements of Canadian Presence. The list of that persons is exclusive; it includes Canadian residents and individual citizens. It also includes aboriginal peoples, Canadian businesses, trademark holders, Indian bands, or foreign businesses that have a presence of physical Canadian. However, some, like Australia, also failed to protect against the cybersquatting acts of Canada.
However, to avoid the cybersquatting practice, CIRA encourages themselves the publish a practice on their website. It represents the released list of extensive domains. The website’s home page prominently advertises this list. An impression is provided by the practice designed intentionally to promote cybersquatting. The cybersquatting allows cybersquatters of Canada to buy domains and register them. These domains can give back to a corporation or business to a previous registrant with an associated name at a raised price.
The role of WIPO
the United Nations copyright agency (WIPO) provided an attribution system in 1999. This system allows a trademark holder to complain against a squatting site. 1n 2006, the complaint filed of 1823 act with WIPO present. It is a 25% increase over the rate of 2005. Or in 2007, made 84% claims since 1999. In certain situations, the complainant is declared victorious.
However, if we look at the latest situations in this universal world, it will be clear that cybersquatting is a threat. It is a threat without boundaries. It is similar to terrorism, which later affected human lives. The cybersquatters are robbing the business fortune. According to Indian perspectives, cybersquatting is becoming popular with the internet approach in the subcontinent. Indian courts have resolved numerous cases involving cybersquatting. It is the responsibility of parliament to form a law that can deal with this threat. Now there is no present law that can prohibit cybersquatting disputes like the United States. Students writing law assignments on these critical topics can take instant law essay help from online Law Essay Writing UK. They have an expert team of researchers and writers to help students write their law assignments.
Cybersquatting has now become a global problem that has the government’s attention. It forced the government to think about this phenomenon in a very serious way. United States is using the process of ACPA, which gives them a protecting step towards domain names. All countries should try to set some legislations that will help to protect from this spreading virus.