Is cybersquatting a form of unfair competition?
Yes, cybersquatting is considered a form of unfair competition under North Carolina law. Cybersquatting is when a person registers, sells, or traffics in a domain name that is identical or confusingly similar to a trademark owned by someone else. In North Carolina, this type of unfair competition is addressed and regulated by the North Carolina Unfair and Deceptive Trade Practices Act. Under the Act, it is illegal to use another person’s trademark, including a domain name, in a way that unfairly competes with their business. This includes cybersquatting, which is described as registering, selling, or trafficking in a domain name that is identical or confusingly similar to the trademark. This type of behavior is considered deceptive and is illegal under the Act. In short, North Carolina’s Unfair and Deceptive Trade Practices Act prohibits cybersquatting and other forms of unfair competition. Cybersquatting, as with other forms of unfair competition, has the potential to create a confusing or misleading association with an existing business. As such, North Carolina’s law works to protect businesses from this type of unfair competition.
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