Is Elton Wang (the registrant of the domain name of "zara.com.tw") a cybersquatter?
According to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. (Wikipedia)
In several cases, competitors have registered their competitor's trademark. Could Elton be a fake name used by Zara's competitor to register the domain?
If yes, then this Elton is a cybersquatter.
Although he did not ask for ransom from Zara, but he is diverting the traffic from Zara to H&M and that is causing business impact to Zara.
This is considered as bad faith.
Cybersquatting is prohibited under the 1999 Anticybersquatting Consumer Protection Act as well as a set of international guidelines called the Uniform Domain-Name Dispute-Resolution Policy. (Disputes are usually mediated by the National Arbitration Forum or the U.N.'s World Intellectual Property Organization.) Both systems were created to protect companies, celebrities, and even Joe Schmoes from having their names exploited online for commercial purposes. To sue someone for cybersquatting, you have to show that they acted in "bad faith," meaning they deliberately registered a certain domain in order to profit off your name.
- by Christopher Beam
However, if Elton is a real individual who just registered the domain name for prank, will he being charged with crime?
According to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. (Wikipedia)
In several cases, competitors have registered their competitor's trademark. Could Elton be a fake name used by Zara's competitor to register the domain?
If yes, then this Elton is a cybersquatter.
Although he did not ask for ransom from Zara, but he is diverting the traffic from Zara to H&M and that is causing business impact to Zara.
This is considered as bad faith.
Cybersquatting is prohibited under the 1999 Anticybersquatting Consumer Protection Act as well as a set of international guidelines called the Uniform Domain-Name Dispute-Resolution Policy. (Disputes are usually mediated by the National Arbitration Forum or the U.N.'s World Intellectual Property Organization.) Both systems were created to protect companies, celebrities, and even Joe Schmoes from having their names exploited online for commercial purposes. To sue someone for cybersquatting, you have to show that they acted in "bad faith," meaning they deliberately registered a certain domain in order to profit off your name.
- by Christopher Beam
However, if Elton is a real individual who just registered the domain name for prank, will he being charged with crime?
No comments:
Post a Comment