Is cybersquatting a form of unfair competition?
Yes, cybersquatting can be considered a form of unfair competition in South Carolina. Cybersquatting occurs when someone registers, buys, or uses a domain name that is the same or very similar to an existing trademark or business name, with the intent of selling the domain name for a profit or using it to confuse customers or disrupt the business of a competitor. In South Carolina, both federal and state laws protect trademarks and businesses from cybersquatting. The federal Anti-Cybersquatting Consumer Protection Act (ACPA) of 1999 prevents people from registering domain names that are confusingly similar to trademarks without the trademark owner’s permission. The South Carolina Unfair Competition Law (UCL) expands on the ACPA by making it illegal for people to register, buy, or use a domain name in bad faith with the intent to profit from someone else’s trademark or to cause confusion. The UCL provides a way for victims of cybersquatting to recover damages in South Carolina. A trademark holder or business owner can bring a civil action against a cybersquatter and, if successful, can recover monetary damages, costs, attorneys’ fees, and other remedies. In summary, cybersquatting is a form of unfair competition in South Carolina and is prohibited by the ACPA and UCL. Victims of cybersquatting can file a civil suit against the cybersquatter to seek damages and other remedies.
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