Reinforcement of Domain name Registration in US
Since the introduction of multiple .com and .net as top level domain names (TLDs), such names have become most popular worldwide. However, despite the popularity of multiple registrations, few single-page websites still exist which have created a new type of misuse, labeled 'domain name tasting' wherein a taster can register and drop the same domain name several times at no cost through electronic means, receiving the benefits of domain name ownership without paying for the domain name registration. Such action constitutes cybersquatting under the Anti-cybersquatting Consumer Protection Act (ACPA) which provides that (i) a person shall be liable in a civil action by the owner of a mark if that person has a bad-faith intent to profit from that mark and (ii) registers, traffics in, or uses a domain name that is confusingly similar to, or dilutive of the brand. The damages provided for under the ACPA include actual damages and profits, or an award of statutory damages amounting to $100,000 per domain name. Therefore, for brand owners, domain tasting reenforce the need to have an established programme for procuring, administering and monitoring domain name registrations.
Strategic procedures:- Whether it is domain name tasting or some other as of yet unnamed practice, the implementation of strategic procedures for domain names provides a solid framework to ward off significant hard\rm to brands. A useful first step of any domain name programme is to identify the domain names owned and to assess the ownership of these domain names. It can be a cost-efficient strategy to register at least the most common misspellings and direct those misspelled domain names to the brand website. This process will not only limit the effectiveness of domain name tasters trading off the brand, it will also deter those who have a legitimate interest in a similar brand for an unrelated business. In the end, the investment in an established policy for procuring, administering and monitoring domain names will serve to enhance ultimate brand value.
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