Is cybersquatting a form of unfair competition?

Yes, cybersquatting is a form of unfair competition. Cybersquatting is the practice of buying up and registering domain names with the intent of selling the domain name to the rightful trademark owners at a higher price. This type of unfair competition is prohibited under North Dakota law, along with other forms of unfair competition such as trademark infringement, false advertising, and deceptive trade practices. When a person or company cybersquats, they are taking away the rightful trademark owner’s ability to have their trademark in the marketplace. By buying up domain names that are similar or related to the trademark, the cybersquatter prevents the rightful trademark owner from obtaining the domain name and capitalizing on its use. In addition, the cybersquatter may also use the domain name to create a website that competes with the trademark owner. The North Dakota Attorney General can take action by filing a civil action against the cybersquatter. The trademark owner may also be able to take civil action through a Federal court. Penalties for cybersquatting can involve the cybersquatter paying for the damages caused by the infringement, and can include an order for the cybersquatter to transfer the domain name to the trademark owner. In short, cybersquatting is a form of unfair competition under North Dakota law and can result in civil and criminal penalties for those found guilty of cybersquatting. All trademark owners should be aware of the dangers posed by cybersquatting and take all necessary measures to protect their trademarks.

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