Cybersquatting is the act of buying domain name by a person or entity in bad faith. Most of the times the cybersquatter wants to sell the domain at a higher rate to the trademark holder. Cybersquatting is not something happening on a routine basis. However, whenever it does take place, it can potentially cause problems for the owner of the trademark.
How Can ICANN Help in Cybersquatting?
The first way to overcome the cybersquatting problem is by contacting the ICANN. ICANN is the authority that regulates all the internet domains online. It is a relatively easy and less costly way of resolving the problem. You need to have proof that the other person that holds a domain did infringe upon your copyright laws.
If you are confident that your trademark is a victim of cybersquatting, you need to launch the complaint under the UDRP or Uniform Domain-Name Dispute Resolution Policy. However, it is not easy to ascertain if the other person or entity did do that in bad faith. If you can determine that the domain is registered in bad faith, ICAAN can help in two ways. It may transfer the domain in your name, or it may cancel it. However, when you pursue your case with ICANN, you will not get any monetary compensation.
Can You Get Compensation for Cybersquatting?
However, on the other hand, if you think that your brand has suffered a lot of financial loss. You first need to contact the person who is behind the cybersquatting. You can get their information using the WHOIS website. Once you can find the email of the owner, you can send them an email address and ask them why did they register the domain that matches your trademark. Similarly, you can try to offer that person a reasonable price to get the domain transferred in your name.
But if all your attempts fail to persuade that person, you can sue them in the court of law. This action will follow a legal course of action. You need to prove in the court that the person registering the domain did that in bad faith. If you become successful in determining it to be cybersquatting, the person can get a hefty fine and may also need to reimburse the attorney fee to you.
These are two of the simplest ways of overcoming cybersquatting problem. However, you first need to gather as much evidence as possible to come up with enough valid evidence. Otherwise, you will not be able to prove your point.
