Trademark Cyberpiracy Prevention Act Law and Legal Definition

Trademark Prevention Cyber ​​Piracy Act is a federal law enacted in 1999 that permits the proprietor of the trademark to acquire federal court order to transfer domain ownership from network illegal occupant to trademark owner is. The law requires the trademark owner to present it

In many cases it is malicious act to register the domain name and sell it to the owner of the trademark. However, if the defendant can provide a valid reason for domain name registration, the defendant may be allowed to retain that name.

SEC 2. Prevention of cyber security (a) General - Article 19 (19 USC § 1125) of the Trademark Act of 1946 has been amended to insert the following. (D) (1) (A) A person should be the owner of a trademark If the responsibility in a civil proceeding, including the name of a celebrity protected by this section, the goods or services of the parties is not taken into account, he ( (ii) registration, transaction or use of a domain name, including the name of a named person protected by this Article, (I) a unique trademark if a domain name is registered

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Online piracy and cybersquat are two activities that use a trademark as a company that threatens the domain name. Cyber ​​pirates acquires the domain name in order to convert the customer from the trademark owner's website into his website and the customer gains the benefit from the goodwill of the trademark and confounds the origin of the goods and services to be sold By generating advertising revenue by doing, it benefits. Additional customers Web revenue is still coming from advertisers, which are based on traffic clicks on the site, not from sales on the site. Cyber ​​pirates are trying to attract this traffic by registering the same or similar domain names as popular trademarks. A cyber scooter is a person who deliberately stores a trademark as a domain name and sells it for profit for sale. In many cases, companies want to pay off Cyber ​​Squat rather than sue.

Copyright and trademark in cyberspace: law and economic analysis Georgios I. Zekos zekosg@uop.gr