ANSWERS: 1
  • As of 2008, there were 33 million registered domain names. Inevitably, intentionally or not, some of these will contain trademarked words or phrases--called cybersquatting. Despite the relatively unregulated nature of the Internet, trademarks still apply to domain names (See Reference 1).

    Identification

    The U.S. passed the Anti-Cybersquatting Consumer Protection Act (ACPA) in 1999 specifically to deal with the problem of people taking trademarked domain names (See Reference 2).

    International Disputes

    In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN), which regulates domain name registration, passed the Uniform Domain Name Dispute Resolution Policy to settle international trademark violations (See Reference 3).

    Features

    Not all domain names that contain trademarked terms violate cybersquatting law. The person who owns the trademark must show the accused intentionally used the trademark for personal gain, such as taking FamousPerson.com to get advertising revenue (See Resource 1).

    Fun Fact

    In 2000, pop singer Madonna successful sued an individual who registered Madonna.com for a pornographic website (See Resource 2).

    Tips

    People who own a trademark should become proactive in protecting their intellectual property by constantly monitoring the Web for potential violations, such as performing a Whois look-up or hiring a firm the specialized in trademark protection (See Reference 1).

    Source:

    KeyTLaw.com: For Trademark Owners: How to Find Cybersquatters Infringing on Your Mark

    Cornell University: Anti-Cybersquatting Consumer Protection Act

    Internet Corporation for Assigned Names and Numbers (ICANN)

    More Information:

    Slate.com: Is Cybersquatting Against the Law?

    CNN: Madonna wins domain name battle

    DomainTools.com WhoIs Lookup

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