Question

Q65

Name four (4) categories of domain name conflict. [4 Marks]

Answer 1

Domain name conflict is conflict arises when more than one individual or group thinks that they has the authority to register a specific domain name. Domain name conflict occurs when a domain name same as a register trademark is registered by an individual or organization who is no the trademark owner. There are four category of domain name conflicts such as Cybersquatting, Profit Grabbing, Misspelling and Identical Domain name, Concurrent claims.

Cybersquatting:It is the practice of which person or the legal entity gets the registration of the trade mark, service mark or the business name of the another as his own domain name. The main purpose of doing this is to selling and holding the same domain name to another individual for a valuable consideration. Or we can say that it is the practice of domain name reflecting the names of existing firms, with the intention to sell the name back to the business for a profit when they need to set up their websites .

Profit Grabbing: Here the defendant gets the domain name registered with same or confusingly similar trade name or trademark with the intention to gain gain profit out of such business.

Misspelling and Identical Domain name: With the increase in the business opportunities on internet and online transaction , many individual tries to register the domain name which looks alike with the already registered domain name. It will lead to misinterpretation & confusion in the minds of society about the ownership of such domain name.

Concurrent claims: This conflict arises when two legitimate parties are involved in the dispute over a domain name , in which each party claims to be true and the legitimate owner of the acquired domain name and the after hearing the arguments the court needs to decide who is the true owner.