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Trademark cybersquatting is the act of registering, trafficking in, or using a domain name that is identical or similar to a distinctive trademark or service mark of another party, with the intent to profit from the goodwill of the trademark owner, or with the intent to mislead consumers as to the source of the goods or services being offered. Trademark cybersquatting is a type of trademark infringement.
Trademark cybersquatting is prohibited under the Lanham Act because it causes confusion, deception, or mistake as to the source, sponsorship, affiliation, or endorsement of the goods or services being offered, and it dilutes the distinctive quality of the trademark owner’s mark. Additionally, trademark cybersquatting can harm the reputation and goodwill of the trademark owner and interfere with its ability to effectively promote and market its goods or services.
If a trademark owner can prove that trademark cybersquatting has occurred, it may be entitled to an injunction against the use of the infringing domain name, as well as damages and any profits that the cybersquatter has earned through its use of the domain name. The Lanham Act provides a cause of action for trademark owners to pursue against cybersquatters in federal court, and it also provides a streamlined administrative remedy through the Uniform Domain Name Dispute Resolution Policy (UDRP).
What Legal Remedies Are Available For Trademark Cybersquatting?
Under the Lanham Act, a registered trademark owner has several remedies available to them for trademark cybersquatting:
Injunctive relief: A court may issue an injunction to stop the cybersquatter from using the infringing domain name, as well as from engaging in any other activities that would infringe upon the trademark owner’s rights.
Damages: A trademark owner may be entitled to recover damages for any harm to their business or reputation caused by the cybersquatter’s use of the infringing domain name.
Transfer of the infringing domain name: A court may order the transfer of the infringing domain name to the trademark owner.
Statutory damages: The Lanham Act provides for statutory damages of up to $100,000 for each instance of cybersquatting, which can be awarded in cases where the cybersquatter acted in bad faith.
Attorney’s fees: A court may award attorney’s fees to the prevailing party in a trademark cybersquatting case, which can be significant in complex and time-consuming cases.
In addition to these remedies, a trademark owner may also pursue a claim for cybersquatting through the Uniform Domain Name Dispute Resolution Policy (UDRP), which is an administrative procedure administered by the World Intellectual Property Organization (WIPO) and is a less expensive and quicker alternative to litigation.
Are you launching a new company or developing a new brand or product and need to clear and/or register a trademark? Are you an online seller enrolling in a brand registry program? Are you looking for help with another federal trademark matter? We can assist! Please do not hesitate to give us a call or fill out our contact form. There is absolutely no charge to schedule an initial consultation with one of our trademark attorneys.
NexTrend Legal, LLC, a trademark law firm with offices in Charleston, South Carolina and Jacksonville, Florida. Our trademark attorneys provide federal trademark services to businesses of all sizes, new start-ups, franchisors, inventors, product developers, online sellers and entrepreneurs throughout the US and internationally. Our federal trademark services include, but are not limited to, trademark search, trademark registration, trademark monitoring, trademark office actions, trademark oppositions, trademark renewals and more.
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