2022/12/159 min read

Cybersquatting / Reverse Domain Name Hijacking

In general people use the phrase Cybersquatting for anyone who has registered multiple domain names. By that definition almost all Fortune 1000 companies and mid size / large companies in India as well are Cybersquatters. They have many domain names that are "unused" and are still waiting to be developed. They registered them for various reasons - to support their brands, new product introductions, defensive registrations, intellectual property protection. But they also own many Generic Domain Names or Keywords that don't come under Trademark protection.


The strictest definition of Cybersquatting would be those who knowingly register Domain Names that violate known Trademarks in the market. They register domain names as either misspellings or contain words with the trademarks. However there are cases where the ownership could be borderline depending on the industry, since Trademarks cover particular Indutries/Markets or Geographical regions. 


Reverse Domain Name Hijacking refers to entities who file Domain Dispute cases to hijack previously registered domain names. In essence, they believe in their right to a domain name on the premise of their Trademark , however in majority of these cases, they are overzealous in their interest. Usually the domain names are registered before the trademarks , domain names are being used legitmately in other industry, domain names were not registered just to profit off the trademark . Entities who file such overzealous domain dispute cases can be found to be Reverse Domain Name Hijackers


Here is a more detailed explanation :

Reverse domain name hijacking (RDNH) is the act of using the domain name dispute resolution process (also known as the Uniform Domain-Name Dispute-Resolution Policy, or UDRP) to attempt to wrongly take control of a domain name from its legitimate owner. It is a form of cyberbullying that involves using the UDRP process to harass or intimidate a domain name owner in order to gain control of the domain name.

RDNH can occur when a complainant (usually a trademark owner) files a UDRP complaint against a domain name owner, alleging that the domain name is being used in bad faith to profit from the complainant's trademark. If the complainant is unable to prove that the domain name owner is acting in bad faith, or if the domain name is not identical or confusingly similar to the complainant's trademark, the UDRP panel may find that the complaint was brought in bad faith and dismiss it. If this happens, the complainant may be found to have engaged in RDNH.

RDNH is considered unethical and can result in legal penalties for the complainant. It is important for trademark owners to carefully consider the merits of their case before filing a UDRP complaint, and to ensure that they have a strong basis for their allegations.

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