Cybersquatting Threat: Defense of Domain Names in the Digital Age

Authors

ผศ.ดร.วริยา ล้ำเลิศ

Published

The Proceedings of 9 ICADA 2020

Abstract

This article is intended to investigate the characteristics of web-based infringement mech-
anisms as cybersquats to profit from a trademark which does not belong to them financial-
ly. Moreover, the article discusses the legal process in which conflicts over the domain

name can be settled through the provision of remedies and means to expel cybersquatters
to trademark owners. This article focuses on comparative legal research, the use of foreign
law by lawmakers and courts for examining this legal problem. According to the research
findings, the first-to-file Chinese approach to domain name offers an atmosphere in which
cybersquatters are constantly looking for successful “squats.” While the US court discloses

bad faith when a person has registered or purchased multiple domain names that the indi-
vidual knows are similar and creating a likelihood of confusion to the marks of others.

Consequently, in disputing cybersquatting proceedings, the complainant must claim that he
or she has a trademark right, the cybersquatter has no trademark rights, and the domain

name has been registered in bad faith. This article concludes that disputes arising from cy-
bersquatting should, by submitting a complaint to the approved dispute resolution service

provider, be settled through expedited administrative processes initiating by the trademark
owner.

Cybersquatting Threat: Defense of Domain Names in the Digital Age. นิด้า, Icada 2020 (296-312).