Is It Cyber-Squatting?

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The Fourth Circuit was asked to decide whether it's not cyber-squatting. The original owner of Prue.com hadn't cyber-squatted on anybody, because prudential didn't own any trademark when they initially registered their domain. It only becomes an issue then when somebody decides to buy that domain name after someone else registers the trademark. So in this prudential case, there would be no question about the fact that you're not cyber-Squatting on anything. You can't have acted in bad faith because you didn't have knowledge.

A recent court case does little to settle the “re-registration” question. A Court of Appeals decision last month widened the gulf between different U.S. circuits on a critical question in finding bad faith under the Anticybersquatting Consumer Protection Act (ACPA): when the domain was registered. Or “re-registered”, as it were. On today’s show Ben Barlow, […]

Post link: The Cybersquatting law divide – DNW Podcast #423

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