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04-17-2007, 11:32 PM
INTERNET LAW - “HEY, THAT’S MY NAME!!”
HOW TO FIGHT FOR YOUR INTELLECTUAL PROPERTY RIGHTS
AGAINST CYBERSQUATTERS
Recognizing the Internet is an irreplaceable cornerstone of any country’s modern economy, legislators are increasingly passing laws to reinforce the rights of owners of trademarks, intellectual property owners, and ordinary people not to have their rights taken away in the frontier of cyberspace. These laws apply as much to a solo entrepreneur as they do to such leviathans as Microsoft, and anyone can take advantage of this protection with a little savvy. You can protect your rights if you take a methodological approach, sometimes even without hiring an attorney, if you remember a few basic rules, summarized below.
If someone has cybersquatted against your trademark, you can sue and get the name back and damages, in some cases, under the 1999 federal law called the Anti-Cybersquatting Consumer Protection Act. Likewise you can initiate the arbitration process with the Internet Corporation of Assigned Names and Numbers (ICANN) and possibly retrieve your domain name without an expensive lawsuit. The following article explains how to recognize cybersquatting, where to take your fight to retrieve your intellectual property rights, what proof is needed for a domain name defense, how ICAAN can be of assistance, and how the world’s wealthiest man lost his domain fight.
How Do You Recognize Cybersquatting; or Know if You Are Being Squatted?
To find out if you are being targeted for cybersquatting, just type into your browser window the trademark or name and see if the domain name is hosted at a legitimate website; if so, and if the site seems reasonably linked to the name, it’s probably not a case of cybersquatting. Yet, you still could have grounds for trademark infringement. But, if the site brings you to any of the following messages, it could be a case of cybersquatting: either there is a "can't find server" message; a notice appears claiming the site is "under construction", or you are linked to a website that seems to have no obvious connection to the domain name. Each of these must be investigated to make sure an innocent explanation does not exist. At this point, to take things farther you must follow up and contact the domain name owner to discuss the topic. You do this by conducting a "WHOIS Lookup" at the site whois.net. There you will find the name of the person, and what their plans and purpose are. You can also make an offer to buy the domain name if the owner is amenable, and the price is reasonable to you. This might be the easiest choice, as it could make unnecessary a long, expensive, and possibly unsuccessful court fight over your rights.
Where Does a Person Go To Fight for Their Domain Name?
If your situation cannot be talked out with the owner of your rightful domain name, you can sue in the U.S. under the provisions of the Anticybersquatting Consumer Protection Act (ACPA) or you can take it to international arbitration with the Internet Corporation of Assigned Names and Numbers (ICANN). The ICANN arbitration system is considered by trademark experts to be faster and less expensive than suing under the ACPA and the procedure does not require an attorney. The Anticybersquatting Consumer Protection Act(ACPA) allows a trademark owner to sue an alleged cybersquatter in federal court and get a court order giving back the domain name back to the rightful owner, and sometimes costs and damages are awarded, as well.
What Proof is Necessary When Establishing the Right to a Domain Name?
To successfully win a domain name battle, you must prove the following elements of the crime: The domain registrant exhibited a bad-faith intent to profit from your trademark; the trademark was distinctive from the time when the Internet address was initially registered; the domain name is either identical or creates confusion with the your trademark, and the trademark can be protected under federal trademark law, meaning it is unique and the rightful owner was first to use it as such.
How Can ICAAN Help Me?
The Internet Corporation of Assigned Names and Numbers (ICAAN) developed the Uniform Domain Name Dispute Resolution Policy (UDNDRP) for resolving domain name disputes. The difference here is this international approach relies upon arbitration, as opposed to litigation. Anyone can bring an action, as long as she or he can allege: The domain name is the same or confusingly similar to the complainants rightful trademark or service mark; the current domain name owner owns no legitimate interests or rights in the Internet address; and address has been registered and is used in a bad faith effort. After prevailing here, one can have the address canceled, or transferred over to oneself, but no damages are allowed.
How Did the World’s Wealthiest Man Lose a Domain Name Battle?
Bill Gates, founder of the Microsoft software empire, went to Europe to argue against the use of the domain name Corbis, having filed a complaint on January 6, 2006; Corbis Corporation v. CORBIS Internet-MY, c/o John Pickworth, Case No. D2006-1631. Wolter Wefers Bettink was named the sole panelist to arbitrate. Corbis is the name of Gates’ private image licensing company, but the address Corbis.net is owned by Briton John Pickworth, which was registered by him in 1999. Pickworth was able to show he’d had the nickname “Corbis” since the 1970’s. Therefore, Gates was not able to prove the name was a recent innovation, and therefore the result of bad faith. The date of the arbitration was January 17, 2007, and the ruling was officially released March 12, 2007. Surprisingly Gates lost when he was not able to prove the man had purposefully attempted to take someone else’s trademark, while Pickworth convinced the arbiter he had used the phrase for years, not knowing of Gate’s image selling company.
Links: Laws (http://thomas.loc.gov/cgi-bin/query/z?c106:S.1255.IS:)
Anticybersquatting Consumer Protection Act
Links: Case Law (http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1631.html)
Corbis Corporation v. CORBIS Internet-MY, c/o John Pickworth
The Author's Name: IBLS Editorial Associates
The Author's Law Firm: IBLS
City, State/Province, Zip/Mail Code: Irvine, CA, 92614
Country: USA Phone: +1 (949) 756-0906
Fax: +1 (949) 250-0601
Email: ibls@ibls.com
Web Site: http://www.ibls.com (http://www.ibls.com/)
HOW TO FIGHT FOR YOUR INTELLECTUAL PROPERTY RIGHTS
AGAINST CYBERSQUATTERS
Recognizing the Internet is an irreplaceable cornerstone of any country’s modern economy, legislators are increasingly passing laws to reinforce the rights of owners of trademarks, intellectual property owners, and ordinary people not to have their rights taken away in the frontier of cyberspace. These laws apply as much to a solo entrepreneur as they do to such leviathans as Microsoft, and anyone can take advantage of this protection with a little savvy. You can protect your rights if you take a methodological approach, sometimes even without hiring an attorney, if you remember a few basic rules, summarized below.
If someone has cybersquatted against your trademark, you can sue and get the name back and damages, in some cases, under the 1999 federal law called the Anti-Cybersquatting Consumer Protection Act. Likewise you can initiate the arbitration process with the Internet Corporation of Assigned Names and Numbers (ICANN) and possibly retrieve your domain name without an expensive lawsuit. The following article explains how to recognize cybersquatting, where to take your fight to retrieve your intellectual property rights, what proof is needed for a domain name defense, how ICAAN can be of assistance, and how the world’s wealthiest man lost his domain fight.
How Do You Recognize Cybersquatting; or Know if You Are Being Squatted?
To find out if you are being targeted for cybersquatting, just type into your browser window the trademark or name and see if the domain name is hosted at a legitimate website; if so, and if the site seems reasonably linked to the name, it’s probably not a case of cybersquatting. Yet, you still could have grounds for trademark infringement. But, if the site brings you to any of the following messages, it could be a case of cybersquatting: either there is a "can't find server" message; a notice appears claiming the site is "under construction", or you are linked to a website that seems to have no obvious connection to the domain name. Each of these must be investigated to make sure an innocent explanation does not exist. At this point, to take things farther you must follow up and contact the domain name owner to discuss the topic. You do this by conducting a "WHOIS Lookup" at the site whois.net. There you will find the name of the person, and what their plans and purpose are. You can also make an offer to buy the domain name if the owner is amenable, and the price is reasonable to you. This might be the easiest choice, as it could make unnecessary a long, expensive, and possibly unsuccessful court fight over your rights.
Where Does a Person Go To Fight for Their Domain Name?
If your situation cannot be talked out with the owner of your rightful domain name, you can sue in the U.S. under the provisions of the Anticybersquatting Consumer Protection Act (ACPA) or you can take it to international arbitration with the Internet Corporation of Assigned Names and Numbers (ICANN). The ICANN arbitration system is considered by trademark experts to be faster and less expensive than suing under the ACPA and the procedure does not require an attorney. The Anticybersquatting Consumer Protection Act(ACPA) allows a trademark owner to sue an alleged cybersquatter in federal court and get a court order giving back the domain name back to the rightful owner, and sometimes costs and damages are awarded, as well.
What Proof is Necessary When Establishing the Right to a Domain Name?
To successfully win a domain name battle, you must prove the following elements of the crime: The domain registrant exhibited a bad-faith intent to profit from your trademark; the trademark was distinctive from the time when the Internet address was initially registered; the domain name is either identical or creates confusion with the your trademark, and the trademark can be protected under federal trademark law, meaning it is unique and the rightful owner was first to use it as such.
How Can ICAAN Help Me?
The Internet Corporation of Assigned Names and Numbers (ICAAN) developed the Uniform Domain Name Dispute Resolution Policy (UDNDRP) for resolving domain name disputes. The difference here is this international approach relies upon arbitration, as opposed to litigation. Anyone can bring an action, as long as she or he can allege: The domain name is the same or confusingly similar to the complainants rightful trademark or service mark; the current domain name owner owns no legitimate interests or rights in the Internet address; and address has been registered and is used in a bad faith effort. After prevailing here, one can have the address canceled, or transferred over to oneself, but no damages are allowed.
How Did the World’s Wealthiest Man Lose a Domain Name Battle?
Bill Gates, founder of the Microsoft software empire, went to Europe to argue against the use of the domain name Corbis, having filed a complaint on January 6, 2006; Corbis Corporation v. CORBIS Internet-MY, c/o John Pickworth, Case No. D2006-1631. Wolter Wefers Bettink was named the sole panelist to arbitrate. Corbis is the name of Gates’ private image licensing company, but the address Corbis.net is owned by Briton John Pickworth, which was registered by him in 1999. Pickworth was able to show he’d had the nickname “Corbis” since the 1970’s. Therefore, Gates was not able to prove the name was a recent innovation, and therefore the result of bad faith. The date of the arbitration was January 17, 2007, and the ruling was officially released March 12, 2007. Surprisingly Gates lost when he was not able to prove the man had purposefully attempted to take someone else’s trademark, while Pickworth convinced the arbiter he had used the phrase for years, not knowing of Gate’s image selling company.
Links: Laws (http://thomas.loc.gov/cgi-bin/query/z?c106:S.1255.IS:)
Anticybersquatting Consumer Protection Act
Links: Case Law (http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1631.html)
Corbis Corporation v. CORBIS Internet-MY, c/o John Pickworth
The Author's Name: IBLS Editorial Associates
The Author's Law Firm: IBLS
City, State/Province, Zip/Mail Code: Irvine, CA, 92614
Country: USA Phone: +1 (949) 756-0906
Fax: +1 (949) 250-0601
Email: ibls@ibls.com
Web Site: http://www.ibls.com (http://www.ibls.com/)