Cybersquatting occurs when someone registers a domain name which includes a brand to confuse consumers or to make a profit from the rightful owner of the mark.
If the cybersquatter won’t sell the domain to you for a reasonable price, then you can potentially have it transferred to you or cancelled.
We can assist you to make a complaint to the appropriate authority. The appropriate authority for ‘.com.au’ domains is the ‘.au Domain Administration Ltd’ (.auDA). The appropriate authority for an international domain (such as ‘.com’, ‘.org’ or ‘.net’) is the World Intellectual Property Organisation (WIPO).
The following elements need to be established in order to succeed in a complaint:
you must demonstrate and prove that the domain name under dispute has been used in bad faith;
you must show that the domain name is identical or confusingly similar to a trade mark in which the you have rights (whether registered or unregistered);
the Respondent has no rights or legitimate interests with regards to the domain name; and
the domain name was registered and is being used in bad faith, such as for their own commercial gain.
These disputes are usually resolved within six to eight weeks by a panel of experts.
For further advice, please do not hesitate to contact us.