[DNS] Cybersquatting and secondary market

[DNS] Cybersquatting and secondary market

From: Bruce Tonkin <Bruce.Tonkin§melbourneit.com.au>
Date: Mon, 26 Sep 2005 11:08:54 +1000
Hello David,

> Bruce Tonkin wrote:
> > > I define cybersquatting as registering, selling or using a domain 
> > > name with the intent of profiting from the goodwill of someone 
> > > else's trademark.
> > 
> On Fri, Sep 23, 2005 at 08:32:15PM +1000, Michael Purse wrote:
> > I agree with this definition.
> I think cybersquatting also has to do with 
> business/organisation names (probably more so than trade marks).

Yes - there is also the concept of common law trademarks.  Ie if you use
a service mark, business name etc, and people know you by that name
through your use of it, then you have rights to that name.  It is more
complex to prove, than having a registered trademark.   The auDRP I
think does handle this type of cybersquatting.

>From the .auDRP at (http://www.auda.org.au/policies/auda-2002-22/):

4 a. Applicable Disputes. You are required to submit to a mandatory
administrative proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider, in compliance with
the Rules of Procedure that: 

(i) your domain name is identical or confusingly similar to a name [Note
1], trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain
name [Note 2]; and

(iii) your domain name has been registered or subsequently used in bad

In an administrative proceeding, the complainant bears the onus of

b. Evidence of Registration or Use in Bad Faith. For the purposes of
Paragraph 4(a)(iii), the following circumstances, in particular but
without limitation, if found by the Panel to be present, shall be
evidence of the registration and use of a domain name in bad faith: 

(i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling, renting,
or otherwise transferring the domain name registration to another person
for valuable consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner
of a name, trademark or service mark from reflecting that name or mark
in a corresponding domain name; or

(iii) you have registered the domain name primarily for the purpose of
disrupting the business or activities of another person; or

(iv) by using the domain name, you have intentionally attempted to
attract, for commercial gain, Internet users to a website or other
online location, by creating a likelihood of confusion with the
complainant's name or mark as to the source, sponsorship, affiliation,
or endorsement of that website or location or of a product or service on
that website or location. 
Received on Mon Sep 26 2005 - 01:08:54 UTC

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