What is CyberSquatting and What to do When You Spot a CyberSquatter?

CyberSquatting is the activity of registering domain names for well-known companies and then reselling them for profit. Selling domain names to the various participating businesses is done with the express purpose of generating money. CyberSquatters routinely register domain names under existing corporate names, trade names, and trademarks.

The domain name is one component of the company’s website or URL. Most of the time, companies seek straightforward, easily recognised domain names that match their own brands. Businesses usually incorporate their brand names in their domain names since it makes it easier for customers to remember and reach the official website. The word “CyberSquatting” refers to the practice of obtaining domain names associated with well-known and established businesses with the intention of swapping the name for a fee with the real owner.

You claim it’s unfair. Yes, but India’s lack of legislation prohibiting CyberSquatting has resulted in a great number of businesses falling victim to this sort of unlawful behaviour. In certain circumstances, businesses have successfully challenged their ownership of the domain name in court.

What is CyberSquatting, specifically?

A issue known as “CyberSquatting” initially emerged in the early days of digitalization, when businesses lacked the necessary abilities to register domain names and create websites. Some players are savvy enough to understand that every significant corporation must digitise its operations and build websites. They surpassed the competition by successfully registering domain names for some of the most well-known corporations. The objective was to force firms to pay enormous quantities of money in order to get these domain names.

The frequency of CyberSquatting instances has reduced due to growing awareness among company owners. Another factor contributing to the prevalence of this behaviour is the lack of legislation prohibiting CyberSquatting.

What are the ramifications of CyberSquatting for businesses?

In today’s digital age, having a digital presence is critical for businesses. Building a website is the first step in becoming digital for any business, whether it is new or established. A domain name serves as both a trademark and part of your website’s overall address.

Making sure your clients can quickly locate your website is critical. By including your brand name into the domain name, you may be able to achieve this goal more effectively. Because CyberSquatters are well aware of this, they may take advantage of the situation and demand significant sums of money in exchange for a legal domain name.

One significant example is the well-known legal case between Yahoo Inc. and Akash Arora, among others, in 1999. Despite not registering the name “Yahoo” as a trademark, the court ruled in favour of the firm over the defendant, Akash Arora & Anr. Even if Yahoo had not registered the phrase as a trademark, the issue remained the same. The defendant claimed that because the word “Yahoo” was commonly used in dictionaries and had not been registered as a trademark, it was not a trademark. However, the court ultimately decided in favour of the plaintiff, determining that the word “Yahoo” was now associated with the company and was widely recognised.

How to Identify CyberSquatting

If you attempt to register your domain name and discover that it has already been registered without your knowledge, you may be engaging in CyberSquatting. However, before making any fast conclusions, you should follow the domain name and see where it leads you.

If the domain name you’re looking for does not appear to be available and leads to a genuine website, you’ll need to try another one. However, if it takes you to an empty website or shows that the domain name is for sale, you have been a victim of CyberSquatting. Pages claiming that the server is offline or that the website is still in development are two further examples of CyberSquatting.

How to proceed if you encounter a CyberSquatter?

If CyberSquatting has resulted in the theft of your domain name, you have three options:

You may acquire the domain name directly from the CyberSquatter. You choose this option if you are uneasy with arbitration and do not want to become engaged in lengthy legal conflicts. Only take this step if you believe it will be more convenient for you than filing a lawsuit. CyberSquatting is an unlawful activity that should not be supported as a company.

You can file a case in an Indian court of law if: It is vital to note that India does not have any legislation prohibiting CyberSquatting. You can sue the CyberSquatter under the Trademark Act of 1999.

Resolution of Conflicts: Recognising the need of protecting against CyberSquatting, the international non-profit organisation Internet Corporation for Assigned Names and Numbers (ICANN) established the Uniform Domain-Name Dispute-Resolution Policy, popularly known as the “UDRP.” There are accredited and authorised dispute-resolution service providers who can help settle CyberSquatting claims. The disagreement may be settled in a simple method.

Conclusion

With correct measures, the practice of CyberSquatting can be curbed and even put an end to with right laws and procedures. Here however, we have to tell you that if you do plan to register a domain, ensure that the provider is a trusted one who can guide you even if you are buying a domain which you think has been squatted on. Hoping that you have enjoyed reading this article. In case of any questions or doubts, please share them with us in the comments section below.