The Tension Between Trademark Holders and Domainers over the Definition of Cybersquatting

The tension between trademark holders and domainers continues to evolve and, by some accounts, intensify. Some domainers take issue with the definition of cybersquatting applied under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA).  These domainers believe that generic or descriptive words used in a domain name should be exempt from trademark rights.  Trademark holders remain concerned that their trademarks and service marks are constantly under attack in cyberspace and, further, see parked pages with PPC advertising links as little more than spam.  However, both legitimate domainers and trademark right advocates generally agree that cybersquatting and typosquatting are bad.  Both groups advocate aggressive enforcement against blatant cybersquatting.  Where they disagree is on the definition of what constitutes "cybersquatting."  You can read more about the three views of trademark cybersquatting on Traverse Legal's domain monetization blog.