Cyber-Baddies and Domain Name Registration

by Colleen Wilkinson

Cyber-Baddies and Domain Name Registration

Domain name registration blues: We'd all like to think that the majority of us internet users are law-abiding citizens making use of the latest means technology has to offer for global communication - be it for business or personal use.

However, sad to say, life's just not like that. And the internet is yet another arena for the baddies of the world to exercise their wily ways!

Cyber-Baddies Misuse Domain Name Registration

In its relatively short life, the baddies have already invented many ways to abuse the internet, including the misuse of domain name registration. Certain instances of domain name registration can create domain name dispute.

Squatters and Domain Name Registration

In dialectical terms, as 'squatter' is an uninvited person who moves in and takes up residence in a property that doesn't belong to him. It would appear that the cyber-baddies have figured out how to exercise 'squatting' for their own benefit.

Firstly, there's 'cybersquatting'. Here, a person without the right to do so carries out domain name registration of a trademark name so that he can sell it to the rightful trademark owner (e.g. famousbrand.com).

Then there's 'typosquatting' - where a person will misspell a well-known brand name and use this misspelled name for his domain name registration. This way, he will attract visitors (who don't really want to go there) to his site if they incorrectly spell the domain name of the popular brand (e.g. famisbrand.com).

Squatting is only a small example of misuse of domain name registration. The cyber-baddies have come up with all sorts of other tricks, such as hijacking, etc. to abuse domain name registration to their own advantage.

What If You Want to Dispute a Domain Name Registration?

What can one do if you ever find yourself in the middle of a domain name registration dispute? Well, there are certain procedures that are to be followed, based on the nature of the domain name registration and the level it is registered in. However, bear in mind that you must be able to prove certain criteria.

Firstly, one must prove that the domain name registration is identical or very similar to a trademark or service mark to which the 'baddy' doesn't have the rights. Secondly, one must prove that the domain name registration has been carried out by a 'baddy' who doesn't have the rights or legal interest in such a name. Thirdly, one must prove that the domain name registration has been carried out in bad faith.

Bad Faith Domain Name Registration

A cyber-baddy will be found guilty of bad faith domain name registration if it is proven that (a) the domain name registration took place with the sole intention of selling it; (b) the domain name registration took place just to prevent the rightful owner of a trademark from doing so; or (c) the domain name registration was carried out merely to disrupt a competitor's business.

So, do you own your rightful domain name, or has a cyber-baddy beaten you at the domain name registration process?