Understanding The Internet
Cybersquatting and Your Domain Name
When it comes to domain names, don't think that you only need to
worry about the ones that you registered. This is because with the
phenomenon of cybersquatting, domain names that are similar to your
company's trademark could be registered to unscrupulous webmasters,
intending to use them in bad faith. What happens is once the
cybersquatter has gotten sales or Adsense clicks from their domain
name, they will try to sell it to the original entity holding the
trademark. When things get to this point, the price is significantly
higher, sometimes even thousands of dollars. This is despite the
fact that the individual or organization buying the domain name
originally had the rights to it in the first place.
So, how does a company protect themselves from cybersquatting? Well,
first they need to be aware of whether or not domain names related
to their trademark are being registered and used in bad faith. The
best way to do this is to sign up for Google Alerts. This is a
service that allows individuals or organizations to track any
websites, comments, articles, etc. that are being made about their
website or brand.
If they receive an alert that shows a domain name that is similar to
their trademark, they could be dealing with a potential
cybersquatter. The keyword of course is 'potential.' The person may
not have any intention on selling the domain name back, though they
are still using it in an illegal manner.
Either way, website owners can exercise their right to an
arbitration proceeding if they found their trademark has been used
in bad faith. The type of arbitration proceeding that is the most
common for domain name disputes is called Uniform Domain Name
Dispute Resolution Policy. This process can allow disputes to be
settled out of court through an ICANN-approved UDRP provider. The
decisions made through the UDRP panel are legally binding, though
they can be challenged in a traditional courtroom if either party
thinks things are unfair.
Another way companies can avoid cybersquatting is by trying as best
they can to register any domain names relating to their trademark.
This would include obvious derivatives where their whole trademark
is included, as well as more creative derivatives where only a part
of the trademark is used. If a company finds they are having
difficulties coming up with different domain name combinations on
their own, they can use a domain name generator. They should use
both automated domain name generators as well as those in which a
human comes up with the different combinations. In either case they
need to think of combinations for all types of extensions, even free
ones such as .tk or .co.nr.
In conclusion, no one should have to succumb to a cybersquatter. Too
much money and work goes into building a brand to have to spend
thousands to a shady webmaster. Instead, website owners should be
aware of how their trademark is being used. If there is a problem
they can consider a UDRP proceeding. In the meantime they need to
try to get as many domain names containing their trademark as
possible, so cybersquatters won't have an opportunity to do their
dirty work.
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Market domination is possible, if you want it.
-Scott H Leonard
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