Stop cybersquatters of XXX domains
A company’s trademark or service mark is one of its most valuable assets. The typical company invests a lot of money and energy in creating and maintaining a positive brand image. However, cyber invaders can hijack that valuable brand image and register domain names that include the trademarks of other companies.
Cybersquatters often use other companies’ trademarks in their domain names to take advantage of the goodwill of those companies. They may also try to extort a payment from a company in exchange for giving up a domain name. This is particularly concerning when a cybersquatter uses another company’s trademark in a .XXX domain name, where the loss of goodwill could be especially detrimental.
A typical response to the threat of XXX domain cybersquatting is for a company to register .XXX domain names that include their trademarks. However, even if the company registers .XXX domain names for the more obvious variations of its trademarks, cybersquatters will still be able to find unregistered names that include the trademarks. Additionally, registering numerous unwanted domain names simply to prevent someone else from using them can appear to be extortion by registry services.
Another option is to relinquish registration of XXX domain names related to one’s business and instead aggressively kick out cybersquatters who register domain names using one’s trademarks. The Uniform Domain Name Dispute Resolution Policy (UDRP) offers a cost-effective way to take misappropriated domain names away from cybersquatters. Under the UDRP, a trademark owner can cancel a domain name or have the domain name transferred to them by demonstrating that the domain name is identical or similar to their own trademarks and that the current owner of the domain name has no rights or legitimate interest in the domain name. domain name. The trademark owner must also demonstrate that the domain name was registered and is being used in bad faith. When the trademark owner is able to display these elements, there is usually little opposition from the domain name owner and the domain name is canceled or transferred to the trademark owner in due course.
The main disadvantage of the UDRP is that it can take weeks to resolve a complaint. Due to the confidentiality of XXX domain names, there is another unique procedure to evict cybersquatters from XXX domain names. The Rapid Assessment Service (RES) can be used to address the abuse of distinctive and well-known trademarks or service marks, or of professional and personal names in XXX domain names. The RES process can be completed in a matter of days, providing timely relief. In addition, the RES rates are the same as those of the UDRP.
The RES has another important advantage over the UDRP. In UDRP actions, a cybersquatter can sell or transfer the disputed domain name before the action is complete. As a result, a final resolution can take a long time. However, per RES procedures, the XXX domain name is locked and cannot be transferred before the complaint is delivered to the domain name owner. As a result, the domain name owner does not have the opportunity to transfer the domain name, making extortion more difficult.
Companies have multiple effective options to prevent cybersquatters from using their trademarks in XXX domain names. With judicious preventative registrations, monitoring, and prompt legal action, a business can profitably protect its good name.
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