Is cybersquatting a form of unfair competition?

Yes, cybersquatting is a form of unfair competition. In Indiana, cybersquatting is prohibited by state law, which makes it a violation of unfair competition laws. Cybersquatting is the practice of registering, buying, or selling a domain name that is identical or similar to a trademarked name with the intention of profiting from it. The cybersquatter will then offer to sell the domain name back to the trademarked company at an often inflated price. This practice is seen as taking advantage of the trademarked company’s reputation and good name, which is why it is considered a form of unfair competition. Indiana’s law states that any person who, “without the consent of the owner of the mark, use[s] or register[s] the mark of another, in any manner,” is engaging in unfair competition. It also states that cybersquatting is knowingly using a domain name that is “confusingly similar” to the trademarked name. This means that someone who purchases a domain name that too closely resembles a trademarked name could be found in violation of Indiana’s unfair competition law. The law also provides some protections for trademark owners. It states that anyone who is found in violation of the unfair competition law can be held liable for any damages, costs, and attorney’s fees incurred by the trademark owner. This means that companies can seek compensation from any cybersquatter who has wrongfully taken advantage of their trademarked name.

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