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Domain Speculation,
Right or Wrong
Know You Rights
Although registering, buying and selling domain names is perfectly
legal, there are still a lot of grey areas and misconceptions all round.
The domain investing business has become a very big business over the
recent years, there are many domain speculators out there that are
trading in this business in a legal and decent way, unfortunately there are
also some that are not.
The main problem area is when it comes to registering domain names that
infringe on trademark rights. Some speculators will buy these domains
just because they feel they can earn a few bucks from the trademark owner.
If they keep the price at a reasonable level then it will work out more
expensive for the trademark owner to take legal action then it would to buy
the domain from the speculator.
It is these guys that have given the domain industry a questionable name.
By the same token many of the general public are still under the impression
that it is illegal for people to register domains that they do not have
trademarks for themselves.
This is not the case and any domain can be registered if it does not
have a trademark and if it is not registered in bad faith.
Domain name speculators should be aware that it is their responsibility
to ensure that the domain name is free from trademark infringements.
Trademark holders should be aware that having a trademark does not
automatically give them the right to a legal claim.
Possession of a trademark is just one of three requirements needed to win
ownership of a domain name via ICANN's Uniform Dispute Resolution
Policy
(UDRP), the policy governing ownership disputes for the generic TLDs (.com,
.net, .org, .biz, and .info) or the U.S. Anti cyber squatting Consumer
Protection Act
(15 U.S.C. sec. 1125).
The other 2 requirements are:
1) The domain registrant have no legitimate interests in the domain
and that
2) They evidenced bad faith in registering the domain.
Just the registration of a domain on its own is not enough.
We would recommend you consult a qualified trademark attorney with experience
in domain names before making a claim as legal disputes are
often very costly.
A UDRP case is $1,500 plus legal expenses, and there is no guarantee that you
will win
If you loose not only will you reduce the chance of the domain owner
ever selling the domain to you but you also run the risk of the counter
claiming against you with a reverse domain hijacking claim.
***Please note that the information above should not be quoted or taken as
professional legal advice as it is just to be used as an informative guide***
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