Preventing the Cybersquatters and Name Squatting Opportunists
June 16, 2009
Preventing the Cybersquatters and Name Squatting Opportunists
It is easier and cheaper to prevent cybersquatting than to fight it after the fact. The best protection is pre-emptive: register your trademark before someone else does.
Cybersquatters register domain names that incorporate well-known brand names, then hold them to ransom or divert traffic for their own benefit. Typosquatters go further, registering common misspellings of popular brands to catch misdirected users. Both are opportunistic and both are harder to deal with once they've taken hold.
The UDRP: your main recourse if it happens
If someone has already registered a domain name that incorporates your trademark, you can challenge it through the Uniform Domain Name Dispute Resolution Policy (UDRP) — an administrative process administered by WIPO and other accredited providers. To succeed, you need to show that the domain is identical or confusingly similar to a trademark you own, that the registrant has no legitimate interest in it, and that it was registered and is being used in bad faith.
The UDRP is faster and cheaper than court proceedings, but it still requires you to have a registered trademark. Without one, your position is significantly weaker.
Social media name squatting
The same problem arises on social media platforms. Opportunists register brand names as usernames — particularly when a platform opens up new username formats — leaving businesses locked out of their own name. Most major platforms have a grievance procedure for reporting username registrations that infringe intellectual property rights, but again, a registered trademark strengthens your position considerably.
The simple answer: register early
The most effective protection against cybersquatters and name squatters is to register your trademark before you launch publicly. Once your brand gains any visibility, the opportunists move fast.
If your brand name has already been registered by someone else, get in touch with Azrights.
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