Unlawful Settlers on the Internet

In today’s world, the use of the internet as a medium of communication for numerous people in the entire world has become common. Internet has become the source of information, a medium of communication and a convenient and fast way to do business transactions.

The Internet had brought a great utility for most people. It saves people’s time and makes life easy. People use the internet to communicate with their loved ones who are in long distance.

Furthermore, many businesses have made the internet as a medium to advertise their company or products and services. Even professionals have been able to market their services through the internet.

Government functionalities have been using internet to facilitate its public services and international relations as well. Through internet, transactions are expedited.

However, despite the advantages that internet brings, many fraudulent activities have been cast in it. The improper use of internet may cause blunder to any people, businesses or any government for that matter.

Take the case of “cybersquatting,” several businesses, professional partnerships and even individuals have been affected by these unlawful activities.

“Cybersquatting” usually happens when someone acquire or use as its domain name, a registered trademark or service mark of an existing business without authority. This is in anticipation of selling it out to the company later on usually at an inflated price when they would later decide to venture into the internet medium.

It is a profiteering scheme, which is made in bad faith and is held as a cyber crime by law of different states or jurisdictions.

It is said that the “cybersquatters” are unlawful settlers on the internet.

In the United States, the Federal government has made “cybersquatting” as a crime and has provided penalties for violations.

There were numerous state and federal laws that is directed against these actions in conjunction with the Intellectual Property law and the United States Trademark law.

On this score, the Anticybersquatting Consumer Protection Act, which is a United States Federal Law, defines “cybersquatting” as the act of registering, trafficking in, or using a domain name with bad faith. This intends to profit from the goodwill of a trademark belonging to someone else.

The said law has declared “cybersquatting” as unlawful. The main issue that is involved in “cybersquatting” boils down on the presence of bad faith in the acquisition or use of a domain name.

Generally, when one decides to acquire or use a domain name for a website, or a name for a company or corporation, it is always important to consider pertinent provisions of the Intellectual property rights law. This is in consistency with the prevailing United States Trademark law.

The intellectual property law in relation with other laws is the repository of all laws relative to the registration, acquisition of a name or trademarks and patents rights.

Under the said law, a person who wishes to acquire or use a domain name should first check in the United States Patent and Trademark office if the name that it seeks to register belongs to somebody else’s (or was registered).

Otherwise, failure to check would amount to bad faith (thus, may be held liable for “cybersquatting”), and likely lead to violate the rights of the trademark owner.

Actually, there are different varying situations that would amount to “cybersquatting.” This piece may not be that illuminating but informative in some respect.

To cap things, this matter is broad enough to comprehend and needs the expertise of a lawyer who has a vast knowledge with the pertinent laws that relate thereto and is an internet savvy.

If your company has been victimized by these illicit acts, let our Los Angeles lawyers preserve your rights and protect your interests further. Just log on to our website and know how to initiate a business fraud or unfair competition case.