| Journal: TWUK | Section: |
| Title: | Issue Date: 07/08/00 |
| Author: | Page Number: 18 |
| Copyright: Other |
the net result
the net result
the net result
this week: cybersquatting
this week: cybersquatting
Every fortnight, Karen Gee from eDreams.com helps agents and operators to get the most out of the Internet
Another new Internet word we’re hearing about these days is cybersquatting and so I thought it would be worth spending some time discussing it.Cybersquatting refers to a money-making scheme whereby certain entrepreneurial souls register the names of well known companies or personalities as Internet domain names and then sell them back for grossly inflated sums. Sometimes the exact wording is used or sometimes a slightly different spelling, though sufficiently close to the original to be uncomfortable. In certain cases the buy-back procedure is sometimes ‘incentivised’ with inappropriate material being put onto the site.
There have been many high-profile organisations and individuals who’ve been affected. A few years ago, when the Internet and all its commercial implications were totally unknown, high-profile international companies such as Panasonic, Hertz and Avon reportedly found that someone had already beaten them to it. They discovered that their own name had already been registered by an unrelated and unauthorised individual. Anxious to remedy the position, they took action and managed to secure their domain names back.
To see exactly what someone can do with your name, just take a look at the Web site www.juliaroberts.com which has spurred the actress Julia Roberts to take action in trying to evict a particular cybersquatter. Rather chilling, isn’t it? Hillary Clinton paid off her cybersquatter just so she could have access to her own domain name. Now these are all rather unusual examples driven by the notoriety of the person involved but they’re interesting nonetheless. Bizarrely enough, you don’t have to be that individual or company to buy the domain name. In many respects, the law has quite a lot of catching up to do with the new aspects of new media commerce.
In the UK, there have been some interesting cases too, the results of which have pretty much killed off any future cyber speculation. The High Court ruled that the practice of registering the names of well known companies as domain names (otherwise known as Web site addresses) and then trying to re-sell them at considerable cost was a possible threat of trademark infringement.
One reported case concerned One In A Million Ltd and Global Media Communications who bought up Web addresses including names of several prominent UK companies including Marks and Spencer, Ladbrokes, J Sainsbury, Virgin Enterprises and BT. But these high-street names joined forces to protect their intellectual property and brand identity.
The case was brought after One In A Million and Global Media Communications had registered several domain names and tried to sell them on to the companies those names they related to. As examples, BT were asked for £4,500 for the Web address www.bt.org and Burger King were asked for £25,000 for the Web address www.burgerking.co.uk. Both were clearly excessive prices and well above the going market price. The High Court’s view was that, although the Web sites were not live, there was intention to infringe those trademarks. As a result of this, those Web site addresses were handed back to their rightful owners.
The One In A Million case is rather exceptional as it relates to the opportunistic purchasing of Web addresses of very established brands. I would assume that everyone in the travel industry has at least secured their company’s Web address by now.
But the interesting aspect is when it comes to other parts of the company, either existing or planned, and the fact that many of the companies in our industry have very similar sounding names or commonly used words. For companies that aren’t a household brand name, the legal position may not be quite so clear cut. So it’s important to protect your interests by planning.
So, if you haven’t already registered your company’s domain name, get your credit card out (it costs very little), call a naming agency and do it now. And while you’re at it, think of all the other domain names you might need in the future for your company.
Watch out: secure your domain name before someone else does
Practical stepsto take
n registration: If your company name, and all itsderivations, are not yet registered, take action now to secure those addresses.
n Looky likies: Similar sounding names are a grey area in the travel industry due to the fact many names are similar or have commonly used industry words eg holiday, sun etc. Unless you have a clearly identified and differentiated name, this may be difficult to prove.
n reinforcement: Apply your Web site address everywhere to strengthen it and to make it an integral part of your identity
n futureproofing: Think now of any extra names you might need in your future development and register them. It won’t cost you a lot and will protect your interests.
n taking advice: Taking legal advice is essential where you feel there may be a problem. You wouldn’t hesitate to protect your intellectual property in the off-line world, so apply that to your on-line business as well.