What is the nature of domain name disputes?
August 24, 2009
Domain Names
While designed to serve the function of enabling users to locate computers (and people) in an easy manner, domain names have acquired a further significance as business identifiers and, as such, have come into conflict with the system of business identifiers that existed before the arrival of the Internet and that are protected by intellectual property rights.
Domain name disputes arise largely from the practice of cybersquatting, which involves the pre-emptive registration of trademarks by third parties as domain names.
Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection. Since registration of domain names is relatively simple, cybersquatters can register numerous examples of such names as domain names.
As the holders of these registrations, cybersquatters often then put the domain names up for auction, or offer them for sale directly to the company or person involved, at prices far beyond the cost of registration.
Alternatively, they can keep the registration and use the name of the person or business associated with that domain name to attract business for their own sites. – WIPO
Contact Details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
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Quintin Brand Street
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Pretoria
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World Copyright Summit
June 10, 2009
Brand Names, Computer Programs & Software, Copyright ©, Domain Names, Intellectual Property News
The Second World Copyright Summit started its first session in Washington USA.
Calls for greater cooperation amongst all countries have been made to help crack down on copyright violations.
The advent of the Internet has sparked numerous copyright violations; mostly because many internet users think that something that is on the Internet must be free (this is according to Orrin Hatch a member of the US Senate).
Calls have been made for stricter action against piracy of music and videos with suggestions that the perpetrator should receive an email warning if downloading music or videos illegally, and then receive a final warning in letter format, after which the user’s internet account must be suspended for up to a year.
Internet users can expect stricter regulation in future to help prevent copyright violations which cause severe financial losses for musicians, writers, artists, and producers.
Contact Details for Smit & Van Wyk
Tel
+27 (0) 12 349 7800
Fax
+27 (0) 86 619 0493
E-mail
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Trademark registrations dwindle as the economic recession continues
June 10, 2009
Brand Names, Domain Names, Intellectual Property News, Trade Marks ™ ®
Fewer trademark registrations are filed worldwide as companies try to cut costs during the economic recession. It is an extremely dangerous method of doing business, especially if exporting manufactured goods. Although it may be a short term solution, doing business without going the route of trademark registrations, can mean huge losses in future. With no grounds for protection you will have nothing to go on when infringements of your brand takes place. Especially now with typo squatting being a reality on the Internet and more and more counterfeit products floating the market, it is indeed dangerous. Economists and lawyers recommend going the slightly more expensive route of trademark registrations even during hard times, to prevent future losses.
Can typo squatting lead to imprisonment?
June 10, 2009
Copyright ©, Domain Names, Intellectual Property News, Trade Marks ™ ®
Typo squatting can certainly lead to imprisonment. One man was jailed in 2004 for typo squatting. John Zuccarini served a term of 30 months for registering typo squatting sites leading innocent internet users to children porn sites. According to Zuccarini he made more than a million dollars a year with his typo squatting. The problem of typo squatting is said to become worse in future with the adding of more extensions such as .art, .mus etc. This highlights the security risk for users who may enter their usernames and passwords at typo squatting sites resembling legitimate banks. Once the user has typed the information the typo squatter will immediately know what bank and account to target. He will also have the access details and will be able to withdraw or transfer money while the poor user is still at the typo squatting site trying to make a transaction.
What is Typosquatting?
June 10, 2009
Copyright ©, Domain Names, Intellectual Property News, Trade Marks ™ ®
Studies done in 2008 indicated that thousands of typosquatting websites exist on the Internet.
Typosquatting is a form of cybersquatting. A business registers a domain name that resembles a well-known brand, but with one spelling mistake. When a user makes a spelling mistake or a typo error he will then land on the typosquatting website.
Unknowingly in many cases the site can be a paid ad or the user can pay money into the account of the typosquatting site for a service, believing he is paying money into the real trademark holder site’s account.
There are numerous court cases every year about this type of trademark infringement.
Check the web regularly for possible infringements of your trademark and if you suspect typosquatting get in contact with the attorneys of Smit & Van Wyk for advice and assistance in taking action.
