According to the federal statute designed to prevent the practice, cybersquatting is the act of “registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.”
Recent Issues in Cybersquatting Disputes
In a typical scenario, the cybersquatter offers to sell the domain name to the entity associated with the particular trademark for an inflated price. This offer to sell is sometimes viewed as evincing bad faith and therefore actionable. In other instances, the offer is considered reasonable, or at least not indicative of bad faith, and therefore the trademark owner is forced to either purchase the domain or accept the consequences of the existence of a substantially similar domain name.
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Richard Raysman And Peter BrownThis premium content is locked for LawJournalNewsletters subscribers only
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