How To Protect Yourself From Cybersquatting
Protecting a business’ intellectual property can be a veritable minefield. In the first of series of articles in relation to potential pitfalls, we look first at website domains and how to protect your name and brand from unscrupulous cyber squatters.
Cybersquatting usually involves a party registering a domain name, often in bad faith, to gain a commercial advantage – such as selling the domain name or using it as a link to their own website to divert customers.
Although domain name registration is a relatively straightforward process, it can cause a business significant problems if not done properly.
The following advice aims to help businesses avoid some of the potential problems:
- There is no automatic right to a domain name. They are available on a first come first served basis. If you have developed a new product, business or brand and you want to market it online, check out your preferred domain names as soon as possible. If a third party has already registered your favoured domain name, there may be little you can do to force them to transfer ownership to you.
- Do not register competitors or third-party brands as a domain name. Courts have consistently found in favour of brand owners in such cases of cybersquatting.
- If an already registered domain name is one you would like, but is not essential, keep a note of the date its registration lapses. If the current owner does not renew it, you may be able to purchase it. Equally, if you have registered domain names important to your business, do not allow them to lapse.
- Consider purchasing variations of your preferred domain name in addition to the domain name itself. Note the 2014 introduction of the top level “.uk” domains in addition to the “.co.uk” domains which have existed since 1985. Also consider domains with common typographical mistakes in relation to any words used within the name. If you are likely to be trading in overseas’ markets, you may want to purchase domain registrations in those countries as well.
- If you do encounter a problem, consider using a dispute resolution service. For example, in the UK domain names ending “co.uk” or “.uk” are overseen by Nominet, which provides a relatively straightforward and cost-effective dispute resolution service. However, the powers of the dispute resolution service are generally limited to a transfer of the domain name, and, unlike a court, the service cannot make any order for costs or damages.
As with all branding matters there is a potential overlap with trademarks, and we will address those more specifically in a separate update. A trademark search on the Intellectual Property Office (“IPO”) website should also be done when considering any new branding/domains, to ensure that you will not be obviously infringing any existing trademarks.
As with all intellectual property, actively monitor domain name activity in order to protect your position.
For many businesses, operating online is fundamental for growth. Monitoring, maintaining and ultimately, protecting your online brand from potential cybersquatters is crucial if your business is to succeed.
If you need more specific support with protecting your brand from cybersquatting, or you need help with other intellectual property legal services, contact our specialist team below.
