Cybersquatting - WIPO fights back
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Solicitor at Law
13 November 2000 12:55pm
WIPO WIPE OUT
The World Intellectual Property Organisation (WIPO) has recently had a blitz on the 1,300 cybersquatting claims received since the launch of its fast-track arbitration system in December of last year. More than half of the claims have been decided, with 80% of claimants winning back the right to their name.
Cybersqautting, as the terms has become known, involves the registering of well known business’ and enterprises’ names and trademarks as domain names, with a view to selling the domain name at a profit. This practice exploits the goodwill of owners of the trademarks, who in the current Internet world, cannot afford not to have their name or trademark as their domain name. Cybersquatting first grabbed the headlines with famous Marks & Spencers case. The defendants in this case had registered the name and mark of Marks & Spencers as well as other well known household names such as sainsburys.com, ladbrokes.com and virgin.org. The Court held that the names were registered in bad faith, with the sole purpose of using the goodwill of the Companies for profit. The defendants were ordered to transfer the domain names to their rightful owner.
Recent decisions by WIPO have seen Chanel, Reuters and Helen Fielding (the author of Bridget Jones) all win the right to their name.
Jonathan Heaney - solicitor, Fairmays
Disclaimer: All information and legal commentary provided are for illustrative purposes only and should not be taken as providing legal advice and should not be relied upon. Any reliance on this information is solely at the users own risk. Specific legal advice should always be obtained before acting upon any information where legal analysis is provided. While the material provided is correct as of the date of first publication, laws and regulations frequently change and vary by jurisdiction
Independent at Multiplicity (www.multiplicity.info)
20 March 2002 12:11pm
And WIPO continues it's fight against cybersqatting according to a WIPO press release of 26 February 2002 (www.wipo.int/pressroom/en/releases/2002/p303.htm). They do fear, however, that the internationalisation of domain names will also create new opportunities for cybersquatters as it becomes possible to register domain names in non-ASCII characters such as Chinese.
For those interested in this matter, I suggest the WIPO 'ccTLD Best Practices for the Prevention and Resolution of Intellectual Property Disputes', http://ecommerce.wipo.int/domains/cctlds/bestpractices/index.html
On 12:55:15 13 November 2000 jonathan wrote:
>WIPO WIPE OUT
>
>The World Intellectual Property Organisation (WIPO) has
>recently had a blitz on the 1,300 cybersquatting claims
>received since the launch of its fast-track arbitration
>system in December of last year. More than half of the
>claims have been decided, with 80% of claimants winning
>back the right to their name.
>
>Cybersqautting, as the terms has become known, involves
>the registering of well known business’ and
>enterprises’ names and trademarks as domain names,
>with a view to selling the domain name at a profit. This
>practice exploits the goodwill of owners of the
>trademarks, who in the current Internet world, cannot
>afford not to have their name or trademark as their domain
>name. Cybersquatting first grabbed the headlines with
>famous Marks & Spencers case. The defendants in this
>case had registered the name and mark of Marks &
>Spencers as well as other well known household names such
>as sainsburys.com, ladbrokes.com and virgin.org. The Court
> held that the names were registered in bad faith, with
>the sole purpose of using the goodwill of the Companies
>for profit. The defendants were ordered to transfer the
>domain names to their rightful owner.
>
>Recent decisions by WIPO have seen Chanel, Reuters and
>Helen Fielding (the author of Bridget Jones) all win the
>right to their name.
>
>Jonathan Heaney - solicitor, Fairmays
>
>
>Disclaimer: All information and legal commentary provided
>are for illustrative purposes only and should not be taken
>as providing legal advice and should not be relied upon.
>Any reliance on this information is solely at the users
>own risk. Specific legal advice should always be obtained
>before acting upon any information where legal analysis is
>provided. While the material provided is correct as of the
>date of first publication, laws and regulations frequently
>change and vary by jurisdiction