If you own a trademark and find that someone is holding it hostage as a registered domain name until you pay a large sum for it, you may be the victim of cybersquatting.
How do you recognize if the domain name you want is being used by a cybersquatter? The first thing to check is whether the domain name takes you to a legitimate Website. If the Website appears to be in working order and its subject matter is related to the domain name, you probably aren’t facing a case of cybersquatting, but simply missed your chance to obtain the domain name you desired.
But if your entry results in a site with content that appears to have no relationship to the meaning of the domain name, or you get a “can’t find server” message, you may be looking at a case of cybersquatting.
If the Website is still “under construction,” it may or may not be the work of a cybersquatter. In that case it will be hard to tell whether the registrant has plans to have a Website in the future.
But before jumping to any conclusions, contact the domain name registrant. To find the name and address of a domain name owner, you can use the “WHOIS Lookup” at whois.net. Then you can find out whether there is a reasonable explanation for the use of the domain name, or if the registrant is willing to sell you the name at a price you are willing to pay.
Victims of cybersquatting in the U.S. can now sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN) at www.icann.com. Although trademark laws may offer some protection, it is often cheaper to buy the domain name from the cybersquatter than it is to sue for its use.
Graphic Design Studio Inc. is a full-service design studio offering creative, professional graphic design and Website design and development services. Visit www.graphicdesignstudio.net or call 877-0507 for more information.