Is cybersquatting legal in Australia?
Cybersquatting is illegal in Australia.
What is cybersquatting and when is it illegal?
Cybersquatting involves buying website domains, especially those of well-known companies or brands, for financial gain or unlawful use. Cybersquatters often intend to profit from someone else’s registered trademark by purchasing a domain name before the trademark owner can do so.
Can you sue for cybersquatting?
The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.
How do you prove cybersquatting?
The elements required to establish a cybersquatting claim are: plaintiff’s ownership of a distinctive or famous mark entitled to protection; defendant’s domain name is identical or confusingly similar to plaintiff’s trademark; and defendant registered domain name with bad faith intent to profit from it.
What are some examples of cybersquatting?
Examples:
- Registering starbucks.org if it hadn’t been registered by the trademark owner.
- Attempting to sell any top-level domain featuring “starbucks” after having no intent to legitimately use the website.
- Registering potential misspellings or typos for starbucks.
What is cybersquatting and is it legal in Australia?
While cybersquatting is more common in relation to .com, .net and .org registrations as Australia has quite restrictive policy rules and registration processes, cybersquatting on .au domain names isn’t unheard of. Cybersquatting can also include registering a domain name for the express purpose of resale – this is not permitted under auDA policies.
How do I raise a complaint about cybersquatting?
One of the better known auDRP Providers is the World Intellectual Property Organization (WIPO). For the steps and costs involved in dealing with cybersquatting, please see the .au Dispute Resolution Policy (auDRP). A cheaper (free) way to raise a complaint with auDA is just through the body’s complaints form.
What is cybersquatting and how does it affect Auda?
Cybersquatting can also include registering a domain name for the express purpose of resale – this is not permitted under auDA policies.
Is domain name cybersquatting becoming more aggressive?
The case is a reminder that domain name cybersquatting is becoming more aggressive in strategies and that injunctive relief should be sought the moment a threat is made.