Anyone Ever Get Accused of Cyber Squatting?
#7
While IANAL, I've been involved in many aspects of the domain registration
business. Legal issues included.

It's safe to say it's case to case. It depends on any and all facts gathered.

If it's a no-brainer you're cybersquatting, then definitely you have every right
to lose the domain name. You either hand it over just like that or the party can
file for a dispute, eventually win, and potentially give you a "blackeye" should
a similar dispute arise in the future.

Like I posted in another thread, the question is why you registered the name
in the first place. If it's really to get a free ride on someone's brand, then you
might want to turn it over.

"Generic" domain names are harder to deal with. Again, this is where it will
depend on whatever facts are gathered.

Complaining parties have 2 procedures to use: the UDRP and whatever law
is applicable to the party's geographic location (like ACPA for the US). UDRP
is a more convenient and cheaper means to resolve this, but the party can
opt to go to Court if they wish to secure monetary damages.

HTH.
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Anyone Ever Get Accused of Cyber Squatting? - by Dave Zan - 10-02-2006, 01:08 PM

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