Cybersquatting & Domain Dispute Attorneys / Lawyers: Don’t be a Cybersquatter: How To Avoid Trademark Cybersquatting under the ACPA and UDRP.

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06/05/2012

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This question is regarding a Facebook account/store name for the sale of goods.

Would the use of a Canadian origin Facebook store or site name be infringing on a US trademarked name by using the same words in the name and selling the same product type online?


This article seems to justify the chilling effect that the process of UDRP has on the domain creation arts. So-called domaining is not just a business, it is self-published poetry. A trademark holder should not be allowed to take away my domain name just because it is similar to a trademark, and just because I might want to sell the domain, which is what the article seems to justify. For instance, if I don't like Monsanto chemical company for its controversial policies, and if I publish a website containing the word "monsanto" to make it easier for people to remember where to look for anti-Monsanto news, Monsanto could force me to take down my site, migrate it, and lose my traffic, by filing an UDRP. This threat is actually chilling the political discourse. The UDRP process is widely believed to be out-of-control. The law should be revised and the process should be made less arcane and more transparent. Regulations such as these are an anathema to the free exchange of information that the internet made possible. Domain names are an important research tool for anyone seeking information, and essential to the free exchange of ideas.

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