Is it possible to file Domain Name Lawsuits?
May 26, 2009
Attorneys, Copyright ©, Domain Names
Although the correct procedure for domain disputes is to take the issue to the URDP, many companies such as Tucows have bypassed the URDP and filed domain name lawsuits directly.
It should be noted that there are authorities such as URDP and WIPO for handling of domain disputes. It will be cheaper, but if you have a strong case and believe it worth your while to go the long route of domain name lawsuits, it is best to get the help of Intellectual Property Lawyers first.
Domain name lawsuits in the USA have become big business and with the Internet becoming the new war zone between companies, things will surely get uglier in future as companies compete for the rights of domain names.
First and foremost make sure that a domain name doesn’t infringe on the trademark of another company before you register it and thus save yourself a lot of trouble and money in the long run.
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Cyber Squatting and Passing off Domain Names
May 26, 2009
Domain Names, Intellectual Property News, Trade Marks ™ ®
There is a slight difference between cyber squatting and passing off domain names.
Cyber squatting is when a company registers a domain name without the intention to use it. The only reason for registering the domain name is to prevent others from registering a name.
If you are thus registering name.co.za and also want name.com you may find that name.com is already registered, but no site is operating. The domain is offered as for sale forcing companies to purchase domains at high prices to have for instance their company name appear in the domain name.
Passing off is a situation where a website pretends to be your company or trying to deceive users in thinking that your site and their site are from the same owner. They thus build on your good reputation like parasites.
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Research in Motion recently won a Domain Name Dispute
May 26, 2009
Attorneys, Copyright ©, Domain Names, Intellectual Property News, Trade Marks ™ ®
The maker of the Blackberry phones, Research in Motion has recently won a domain name dispute against an Indian company over the registration of three domain names that they felt resembled and thus infringed on their Blackberry trademark.
The domain name dispute was about the registration of the domains of blackberry.com as well as blckberry.com and bllackberry.com. Even though not exactly the same the Indian firm only changed one letter in the domains and thus would bring confusion to users.
Many unscrupulous companies follow the technique to let users believe they are at the trademarked site when in fact they are at a fake site purchasing fake products or just simply throwing their money away.
In the event where you believe your trademark rights are infringed you should get in contact with Trademark Attorneys to help you take the correct steps.
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The problem of Cyber Squatting
April 2, 2009
Domain Names, Intellectual Property News
Cyber squatting as the name suggests entails squatting on the Internet. In simple terms, cyber squatters register various domain names that include the names of important brands and people as well as companies, and thereby hindering the trademark owners from using the domain names.
In most instances cyber squatting is used as a means of generating income.
The domain names are taken and as such cannot be used by anyone else. They place the names on auction and sell to the highest bidders. It is seen as unethical and still it happens.
The cyber squatters have no connection to the companies or people whose names they use as domain names. Since at this stage it is not possible to regulate domain name registration in a manner suitable for the prevention of cyber squatting, the problem is expected to exist well into the future of the Internet.
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Domain Name Registrations
April 2, 2009
Domain Names, Trade Marks ™ ®
There are various domain name registration issues which can arise from abusive or unethical practices.
Abusive domain name registration occurs for instance, when a competitor registers a domain name that makes it impossible for you to get the domain name that matches your brand or company name.
If someone thus hinders a company with the name VIC to registering vic.co.za with the intention to hinder company VIC from having the name, then abusive domain name registration has taken place.
It should be noted that a ruling will not automatically be made in favour of the complainant as each case is assessed on the merits. If the name was not registered with the aim of hindering a company with that brand name to take the domain, the ruling may be in favour of the respondent.
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
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