Cybersquatting disputes are disputes that occur over domain names. Cybersquatting disputes can occur where a third party registers a domain name that is identical or confusingly similar to an individual or business’ trademark. Cybersquatting disputes are typically resolved in one of two ways: either through an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) or through the Anticybersquatting Consumer Protection Act (ACPA).
Under the UDRP, the individual who has been cybersquatted becomes the complainant and brings an arbitration proceeding to recover the domain name either with the National Arbitration Forum or the World Intellectual Property Organization. The respondent, the alleged cybersquatter, must then respond to the complaint and show that he or she did not register the domain name in bad faith and that he or she has rights and legitimate interests in the domain name. Under the ACPA, the plaintiff brings a federal lawsuit that asserts that the registrant had a bad faith intent to profit through the registration and use of the domain name at issue. The ACPA allows a plaintiff to bring a law suit in rem, that is, on the basis of property located within the United States. This allows the plaintiff to bring a cybersquatting dispute against a third party located outside of the United States.
If you believe that you are the victim of cybersquatting or if you have become a defendant in a cybersquatting dispute, please contact a cybersquatting dispute attorney today for a free consultation.
