In today’s world, using the internet as a means of communication for many people around the world has become common. Internet has become the source of information, a means of communication and a fast and convenient way to transact business.
The Internet has brought great benefit to most people. It saves people time and make life easier. People use the Internet to communicate with their loved ones who are long distance. In addition, many companies have the internet as a means to advertise their business or products and services. Even professionals have been able to market their services through the internet. Features government uses the Internet to facilitate its public services and international relations as well. Thanks to the internet, transactions are accelerated.
However, despite the advantages brought by the Internet, many fraudulent activities have been thrown in. Misuse of the internet can cause blunder to all persons, firms or government elsewhere. Take the case of cybersquatting, many companies, professional partnerships and even individuals have been affected by these illegal activities.
Cybersquatting usually happens when someone acquire or use in its domain name, trademark or service mark of an existing business without permission. It is waiting to be sold to the company subsequently usually at an inflated price when you decide later venturing into the middle of the internet.
This is a game of profit is made in bad faith and stands as a cyber crime by the law of the various States or jurisdictions. It is said that cybersquatters are illegal settlers on the internet. In the United States, the federal government has made cybersquatting as a crime and provided penalties for violations. There were a number of provincial and federal legislation that is directed against these actions in conjunction with the law of intellectual property and trademark law in the United States.
In this regard, the Anticybersquatting Consumer Protection Act, which is a federal law of the United States, defines cybersquatting as the act of recording, processing or using a domain name in bad faith. He intends to take advantage of the goodwill of a trademark belonging to someone else. The Act was declared unlawful cybersquatting. The main issue which is involved in cybersquatting summarizes on the presence of bad faith in the context of the acquisition or use of a domain name.
In general, when one decides to acquire or use a domain name for a website, or a name of a company or corporation, it is always important to consider the relevant provisions of the intellectual property rights act. This is consistent with the existing trade mark rights in the United States.
The law of intellectual property in relation to other laws is the repository of all laws relative to the registration, acquisition of a name or trademark and patent rights. Under the Act, a person who wishes to acquire or use a domain name must first check the U.S. Patent Office and Trademark name it seeks to register belongs to someone else (or was recorded). Otherwise, lack of verification would amount to bad faith (for example, can be held liable for cybersquatting) and lead may violate the rights of the trademark owner.
In fact, there are various ranging from situations that would elevate the cybersquatting. This piece can be just light but informative in some respects. To finish things, this question is broad enough to include and require the expertise of a lawyer who has extensive knowledge of the relevant laws relating thereto and is an internet savvy.