How do I protect my trademark from cybersquatting?
Cybersquatting is the illegal practice of registering someone else’s trademark as a domain name. It is important to protect trademarks from cybersquatting to avoid confusion for consumers and potential loss of profits. In California, trademark holders can file a complaint with the World Intellectual Property Organization (WIPO) or the National Arbitration Forum (NAF). With WIPO, the trademark holder must complete an online form providing the name of the domain registrant, the domain name in question, and how the domain infringes on the trademark holder’s rights. The complaint will be evaluated and the domain name may be cancelled, transferred or suspended, depending on the out of court settlement or litigation process. NAF also provides an online filing system for trademark holders to submit a complaint about cybersquatting. However, the complaint must include additional supporting documents such as the trademark registration, a cease-and-desist letter, and a statement of facts. The trademark holder can work with a lawyer if they are concerned about the legal process. Finally, the trademark holder can contact the domain registrar or the domain registrant directly. If the domain registrant is engaging in cybersquatting, they could be subject to criminal and civil penalties. If the domain registrant is using the domain name for a legitimate purpose, they may be subject to a lawsuit if they are unwilling to transfer the domain name or to have the domain name listed as a “protected domain” to prevent any future cybersquatting.
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