Definition of Cybersquatting

[chris]

It's one of those terms that gets misused all the time, the same as hacker, activist, spammer etc.

As Jay suggested in another thread, I thought it might be worth it's own discussion.

From Wikipedia:

Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.

Cheers,
Chris

 

[Chris.C]

What's there to discuss...?

If they aren't infringing on a trademark end of story.

 

[goldnugget]

If they aren't infringing on a trademark end of story.

True, could probably sticky and lock this just to remind visitors/new members its true definition before using it or making accusations.

.....and adding that if you registered domain prior to a trademark that its not infringing on that trademark (seek legals to confirm in each individual case).

 

[findtim]

i don't think it would be wise for DNT to put something in place that suggests they are the authority, simply because as stated every case is different.

a thread that had relevant links would be great but also given the debacle of a website the call "asic " those links could become out of date quickly.

tim

 

[Cooper Mills DomainLawyer]

The Australian legal definition is basically along the lines of what Chris has said. There are a number of Federal Court cases that actually address this issue, when I get a chance I will do a post with more information. While there are Cybersquatters in Australia, they are few and far between.