by Traverse Legal, reviewed by Enrico Schaefer - June 4, 2008 - k. Cyber Squatting and Domain Dispute News
Cybersquatting: Prevention better than cure? by Mairead Moore – Research
Abstract: Since the early Commercialisation of the World Wide Web, cybersquatting as a phenomenon has been in existence and has been consistently rising; with recent 2006 figures showing a 25% increase up from the previous year.
This paper examines the various legal mechanisms that have been employed to deal with cybersquatting by examining firstly, the reaction of the Courts and secondly, the reaction of the registering authorities. Finally the paper looks at some of the more recent attempts to curb cybersquatting at the registration level by the employment of phased registration periods and additionally some radical solutions suggested in some circles will also be examined.
The paper concludes that while the reactive strategies developed by the Courts and the registering authorities are effective once cybersquatting is committed, the real solution must surely lie in preventative action at the registration stage if the battle to curb cybersquatting is finally to be won.
http://ijlit.oxfordjournals.org/cgi/content/abstract/ean005
While new proposals for curbing cybersquatting are always interesting, the reality is that there is almost no reasonable expectation that the dispute resolution policies will change anytime soon. And it is unlikely that ICANN will place any more responsibility on registrars, many of whom charge low fees to register domains because they have little overhead for customer support, let alone policing trademarks. Technorati Tags: cybersquatting, trademark, domain name, icann
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.