Cybersquatting And Domain Name Hijacking

Cybersquatting And Domain Name Hijacking

What You Need To Know Before You Register

You've heard the terms ‘cybersquatting' and ‘domain name hijacking' before, but what do they mean exactly? Is it something you should be worried about when it comes to your brand in the cheap hosting comparison process? Let's take a look at these issues so that you can protect your business before you become a victim.

Cybersquattingelectro retro Cybersquatting

Cybersquatting is when someone registers a domain name using someone else's trademark in the hopes of selling it to the trademark owner to gain a profit. Back when the Internet was new, it was more common a practice. Companies didn't realize the full potential of having a website, and some people decided they'd buy the name of that trademark or brand with intentions to sell it to them when the time was right when signing up for a cheap hosting plan.

Fast forward to today: a cybersquatter can be sued thanks to the Anticybersquatting Consumer Protection Act (ACPA), and can additionally rely on an international arbitration system put in place by the Internet Corporation of Assigned Names and Numbers (ICANN) to protect their brand.

What, exactly, does the ACPA define cybersquatting as? The registering, trafficking in, or using a domain name with the sole purpose of making a profit off of the trademark owner. ICANN's arbitration is a good starting point for small businesses affected by cybersquatting, mainly because it's cheaper than a lawsuit. You don't need an attorney to go through ICANN arbitration.

I Need To File A Lawsuit. What Do I Need To Know?

If you must file a lawsuit against a cybersquatter, you'll need to prove a few things:

  • The person registering the domain name did so in bad faith, with intent to make a profit.
  • The trademark was owned by you prior to the registering of the domain name.
  • The domain name is either identical to the trademark, or so similar it may cause user confusion.
  • The trademark is protected by federal law (in other words, you own the trademark and it is distinctive to your business, you were the first one to use it.)

In regards to the second bullet point, a domain name so similar to that of your trademark it causes confusion: that's typosquatting. The domain name is chosen when selecting a cheap hosting plan to cause intentional confusion, and is often accompanied by some type of advertising scheme. An example: in 2006, domain names were purchased such as lnadsend.com and landswnd.com, misspellings of landsend.com. Users would then be redirected to the real Land's End site, and the owner of the misspelled domains then charged Land's End, claiming they were referrals under the company's affiliate program. Although the typosquatter did have a legitimate site that was signed up under their affiliate program, the act of setting up these misleading domains was wrong, landing them in court.

Domain Hijacking

ICANN has a dispute resolution procedure in place for those who believe their domain name has been hijacked, called the Uniform Dispute Resolution Procedure (UDRP). This arbitration procedure can take up to 60 days to resolve, much quicker than any court decision. Results obtained through this arbitration are non-binding, so that means you might end up in court regardless of the decision that is reached through the process. That means that as the trademark owner, even if you win, the other party can take you to court if they don't agree with ICANN's decision. Historically, it appears the deck is stacked in the favor of the trademark owner when it comes to this arbitration procedure.

To bring a case forward for arbitration, you need to be sure these three factors exist:

  • The domain name is the same, or similar enough to cause confusion, as the trademark.
  • The party who owns the domain name has no rights to do so.
  • The domain name was registered in bad faith.

To determine bad faith, ICANN looks for the following:

  • Did the owner of the domain name register the name simply to gain a profit that exceeds the actual price for that domain?
  • Did the owner of the domain purchase it in order to keep the trademark owner from being able to use it?
  • Did the owner of the domain name intend to disrupt the business conducted by the trademark owner, who happens to be a competitor?
  • Did the owner of the domain name attempt to confuse users, and make them think they were at the trademarked company's actual website in order to make a profit?

I hope this information is useful to you, whether you are a business dealing with a cybersquatter or someone looking to register a domain. You don't want to end up being accused of cybersquatting, so be careful of the domain name you choose after doing your cheap hosting comparison!

Has your company been victim to a cybersquatter?

Latest News And Web Hosting Review Carbonite

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Carbonite Company introduction

carboniteCarbonite is an backup service that is very easy to use and that mainly targets home based users though business accounts are also available for those businesses that need backup solutions, though it can not handle big businesses. Carbonite was founded in 2005 to offer online backup solutions to offer backup solutions to people from all over the world. It operates from multiple data centers in the US but has its headquarters in Boston.

Carbonite Basic Features

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Carbonite Reputation

Carbonite is a reputed online backup solution throughout the world that is suitable for home and office use along with small businesses. It is furthermore very easy to use and works very well especially for home and home office users. Carbonite backup however also also omits video backup thus preventing people who look to backup videos thus not the best for those backing up family videos and so forth.

Carbonite Features

Carbonite is an online backup solution that is especially perfect for home use or office use where there are 1-2 computers which comes with automatic online backup solutions for data at home and at the office. However, this online backup solution can also serve for business use where there are 3 or more computers can be covered. Here this backup service offers a server back ip such that clients data is safe from any kind of damage or loss. Carbonite online backup further ensures that its backup services are fully automated so that after setting up an account, clients do not have to do anything but sit and wait for the service to backup data. The home and home office backup service comes with three basic plans: the home plan that supports both Windows and Mac OS and has features such as access from anywhere and anytime along with automatic backups, ease in file recovery and U.S based support. The home plus plan that supports Windows and comes with all the features of the home plan and a mirror image backup and an external hard drive backup. The final plan is the home premier plan that supports Windows and has the features of the home plus plan along with a courier recovery service and automatic video backup. Business plans that Carbonite offers clients includes the business and the business premier plan that both support Mac and Windows OS and come with a variety of excellent features such as: access from anywhere at any time and ease in file recovery, a web-based dash board, automatic backups; files, videos,HIPAA compatible, free Valet install, US based support along with unlimited NAS devices, external drives and computers plus unlimited severs are included in the business premier plan.

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Carbonite divides its backup solutions into two; the home and home office plans and the business plans which have various features and allows clients to select the plan that best suits their needs. There are various features that come with the different plans thus ensuring great performance. This especially makes this online backup service ideal for both home and home office use along with small businesses to. Further more they operate from multiple data centers that are located in the United States and on top of that the data centers are state of the art and equipped with the latest technologies in the industry.

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Carbonite Customer service

The customer care team at Carbonite are at the clients disposal such that clients needs are adequately catered for throughout. Carbonite backup service aiming the home users mostly but also with business accounts available too. It is extremely simple to set up and within minutes you can have anything on your hard drive backed up to the cloud. While it could do with some extra business-related features to really attract big business clients we think it will be great for home users or very small businesses.

While doing the backup the carbonite will omit videos. Now we can understand why this if users begin to upload illegal content, but it prevents the majority of users being able to backup genuine videos that may have recorded from a special event like a birthday or family doo.