Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - CADNA Seeks Further Protection Against Cybersquatters

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In order to get a handle on the growing problem of cybersquatting, it seems we have to think outside the box. The Anticybersquatting Protection Act provides great penalties, including punitive damages for bad faith registration. But most cybersquatters don’t live within the jurisdictional limits of the United States. Even establishing minimum contacts will likely only achieve a default judgment which would prove to be uncollectible. I know Dell recently sued some registrars, and I think Microsoft has as well, but those are located outside the territorial limits as well.

So changing the ACPA doesn’t seem to move the ball very much.

We can talk all we want about modifying the UDRP, but that’s a political thicket. ICANN isn’t likely to make significant changes to the uniform domain resolution policy, at least not any time soon.

Registrars almost always require as part of their registration agreement verification from the registrant that they are not infringing any trademarks. But registrars rarely (dare we say never) enforce those provisions. Registrars simply want to stay out of the fight. Someone mentioned on a different section of this blog that we should try and find a way to target “habitual cybersquatters.” That’s a goal which sounds both viable and doable. Many habitual cybersquatters hold domains under a single registrant account. Accessing the back-end registry data through ICANN or otherwise of habitual cybersquatters would reveal their entire portfolio of domains. Instead of a $1,300.00 arbitration fee, it seems that a streamlined process and direct notice to trademark holders concerning variations of their domain might increase the risk and reduce the financial benefits of cybersquatting. I would be interested to hear what CADNA is doing in order to increase the leverage against habitual cybersquatters or reduce the economic incentives to engage in cybersquatting..

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