Domain Name Disputes
The Internet has become a hard-to-control medium despite regulations and laws –
the fact is, a skilled computer user can create hard-to-trace trails and can
ride the thin line of questionable Internet activities. More and more companies
are moving online and a number of industries are wholly through the internet –
the online casinos gambling industry has exploded all over the world. But all of
these companies are increasingly facing problems with cypersquatters and
typosquatters – there is a fine line between what is legal and what infringes on
a company’s intellectual property.
A major case for the online casinos gambling industry is still ongoing as a U.S.
court awarded 1st Technology the domain name for Bodog Entertainment’s poker
gambling site. Bodog claims that the company did not have the right to take over
control of bodog’s main domain name, which begs an important question, just how
far do copyright protections extend when dealing with the fairly new medium of
the internet.
Brand piracy via cyber and typo-squatters are increasingly registering domain
names that are either a variation of a company name or product, or a deliberate
misspelling of the domain name. And the law is having a hard time keeping up
with how to deal with the forever evolving forms of new brand piracy.
The Anti-Cybersquatting Consumer Protection Act that the U.S. government passed
in 1999, and while that did have a significant effect on the levels of online
brand piracy the activity is picking up again and lawyers are having a hard time
prosecuting squatters who use click-through advertising on their sites. All in
all the internet casinos and other industries should increasingly become aware
of the limitations of protecting intellectual property and brands in the U.S.
and beyond at this point. |