Domain
Laws
If
someone else has registered a domain name that you think
is rightfully yours there are legal measures you can
take to try and get the domain name. However, there
are certain things you must be able to prove before
you can win the lawsuit.
There are two basic measures designed to help trademark
and other name owners protect themselves on the Internet:
1) The Anti-Cybersquatting Consumer Protection
Act
2)
The Uniform Domain Name Dispute Resolution Policy
The Anti-Cybersquatting Consumer Protection Act has been
in place since November 1999 to protect against people
who use domain names that are confusingly similar to pre-existing
marks, or are similar to a famous mark, or infringe on
other names. Bad faith is a prerequisite for this law
to be violated. Bad faith can be interpreted as: Intention
to lure away customers from the mark's owner, the offer
to sell the name back to the owner, ownership of multiple
domain names similar to other marks, and any other negative
intention toward the mark might be considered evidence
of bad faith. Domain
Name Law Links
GigaLaw
(http://www.gigalaw.com/articles/domainnames.html)
- Gigalaw is an excellent Internet Law Resource Website.
Here you will find a wide array of articles that deal
with domain name legal issues. |
