Reply To: Frank Michlick (member candidate)

[Frank]

While i do not have your level of expertise in the domain industry i do note that the Oxford dictionary defines the term cyber squatting as “the practice of registering names, especially
well-known company or brand names, as internet domains, in the hope of reselling them at a
profit.”

It looks like the definition you quote is from “Oxford Languages”, I’m not sure if this is identical to the “Oxford Dictionary”.

I disagree with this definition, and most courts and dispute resolution providers would likely see it differently as well. What is missing is the “in bad faith” component.

Here’s what Wikipedia says:

Cybersquatting
(also known as domain squatting) is the practice of registering,
trafficking in, or using an Internet domain name, with a bad faith
intent to profit from the goodwill of a trademark belonging to someone.

The UDRP and CDRP are also more specific:

CDRP:

1. why the Registrant’s dot-ca domain name should be considered as
Confusingly Similar to a Mark in which the Complainant had Rights prior
to the date of registration of the domain name and continues to have
such Rights;
2. why the Registrant should be considered as having no legitimate
interest in the domain name as described in paragraph 3.4 of the Policy;
and
3. why the Registrant should be considered as having registered the
domain name in bad faith as described in paragraph 3.5 of the Policy.

WIPO (UDRP):

The UDRP requires a
complainant to establish three elements, namely, that: the domain name
is confusingly similar to the complainant’s trademark; the registrant
has no rights or legitimate interests in the domain name; and that. the
domain name has been registered and is being used in “bad faith”.

• This reply was modified 2 months ago by  Frank.