Summary Paper: Legal Implications of the Cyber-Squatting
Jorge L. Atencio-Parra
Bus-670: Legal Environment
Instructor: Dr. Gary Gentry
December 12, 2010
ABSTRACT
The purpose of this summary paper is to describe a possible legal situation we can affront in the working environment. Since I’m working in the IT industry, I would like to describe an interesting legal situation known as Cyber-squatting.
Cyber-squatting is a derogatory term and means registering, selling or using a domain name with the intent of profiting from the goodwill of someone else 's trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses.
Cyber-squatters usually ask for prices far greater than that at which they purchased it. Some cyber-squatters put up derogatory remarks about the person or company the domain is meant to represent in an effort to encourage the subject to buy the domain from them.
The World Intellectual Property Organization (WIPO) saw a 20 per cent increase in the number of cyber squatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. In 2005, a total of 1,456 cyber squatting cases were filed with WIPO 's Arbitration and Mediation Centre, according to a WIPO release.
Many cyber-squatters also register many variants of a popular trademarked name, a practice known as typo squatting.
Legal Implications of the Cyber-Squatting
The practice that 's come to be known as cyber-squatting originated at a time when most businesses were not savvy about the commercial opportunities on the Internet. Some entrepreneurial souls registered the names of well-known companies as domain names, with the intent of selling the names back to the companies when they finally woke up. Panasonic, Fry 's Electronics, Hertz and Avon were among
References: CYBERSQUATTING – The Domain Law Resource. www.cybersquating.com ANTI-CYBERSQUATTING PIRACY ACT (ACPA). Law School. Harvard University. WILLIAMS, M. Virtually Criminal: Crime, Deviance and Regulation Online. 2006 MALLOR, BARNES, BOWERS & LANGVARDT. Business Law. The Ethical, Global, and E-Commerce Environment. Fourteenth Edition. 2010. WESTBY, J. International Guide to Combating Cybercrime. 2003 FERRERA, G. LICHTENSTEIN, S. REDER, M. CyberLaw. 2004.