What do You Need to Know About Anticipatory Cybersquatting?

31st July, 2020

Posted by ESQwire

If you run a business and have an online presence that includes a website and registered domain name, you already may be familiar with cybersquatting. In short, cybersquatting is a term that refers to any practice in which a person or entity registers, uses, or sells a domain name with the intention of profiting from another party’s trademark. There are various types of cybersquatting issues that may arise, including anticipatory cybersquatting. If you have questions about filing an anticipatory cybersquatting claim, we want you to know that an experienced domain attorney at ESQwire can assist you. In the meantime, it is important to learn more about the risks of anticipatory cybersquatting and potential remedies. 

What is Anticipatory Cybersquatting?

Anticipating cybersquatting, according to an article from the American Bar Association, is a practice in which a person or entity registers a domain name without any intention of obtaining value from that domain name in the present, but “in the hopes that these names will become desirable, and therefore increasingly valuable, in the future.” The primary idea behind anticipatory cybersquatting is that someone might buy up all the domain names that a soon-to-be profitable business would want to purchase and register, all with the plans of selling those domains to the legitimate business for a much higher price than that business would have paid if the domain names were not already taken.

For example, someone who engages in anticipatory cybersquatting might hear rumblings about the possibility of a new tech startup and might buy all the domain names that could be linked to that tech startup. 

Anticipatory Cybersquatting May Not be Unlawful 

If you believe your company has been harmed by anticipatory cybersquatting, it is important to seek advice from a domain name attorney about whether the anticipatory cybersquatting is actually unlawful. Given that cybersquatting is unlawful because it involves an intention of profiting from a trademark, anticipatory cybersquatting may not be unlawful if there is no existing trademark at the time the domain names were purchased. In addition, if the domain names are not linked to a specific trademark, an act perceived as anticipatory cybersquatting may not be unlawful.   It all depends on the facts.

When anticipatory cybersquatting violates existing law, the holder of a trademark may be able to seek a remedy by filing a UDRP complaint or through other litigation. You may also be able to resolve the dispute by hiring an experienced domain name lawyer who can negotiate a purchase of the domain at a much lower rate if there is a risk of legal proceedings.

Contact the Best Domain Broker and Domain Name Lawyer 

Filing a cybersquatting claim may seem daunting, but it is important to know that you can win your case with assistance from an experienced cybersquatting attorney. At ESQwire, we have years of experience representing clients in domain disputes and UDRP proceedings, and we can speak with you today about your options for filing a UDRP complaint or seeking other options to resolve your domain dispute. We can explain the UDRP cost and how a UDRP lawyer at our firm may be able to assist you. Contact ESQwire to learn more about the services we provide to clients facing cybersquatting and typosquatting cases.

< Back to blog
© 2024 ESQwire. All rights reserved. | Privacy Policy | Attorney Advertising Website design by ONE400