Legal Definitions - domain-name infringement

Domain-name infringement occurs when someone registers, traffics in, or uses a domain name that is identical or confusingly similar to a distinctive trademark, service mark, or personal name, with the bad faith intent to profit from, dilute, or otherwise exploit the goodwill associated with that mark or name. This often involves a practice known as "cybersquatting," where individuals register domain names corresponding to well-known brands or people, hoping to sell them to the rightful owner for a profit or to divert internet traffic.

• Example 1: Brand Exploitation

  Imagine a globally recognized athletic footwear company, "StrideRight," which holds registered trademarks for its name and logo. A person registers the domain name "striderightshoes.net" and creates a website selling counterfeit sneakers that are falsely advertised as genuine StrideRight products. The website's design also mimics the official StrideRight site.

  This situation illustrates domain-name infringement because the domain "striderightshoes.net" is confusingly similar to the established "StrideRight" trademark. The individual's intent is clearly in bad faith: to mislead consumers into believing they are purchasing authentic products from the legitimate brand, thereby profiting from StrideRight's reputation and potentially harming its brand image.

• Example 2: Personal Name Misappropriation

  Consider a highly respected medical researcher, Dr. Anya Sharma, who frequently publishes articles and gives public lectures under her full name. An individual registers the domain name "dranyasharma.com" and uses it to host a blog promoting unproven health remedies and conspiracy theories, falsely implying that Dr. Sharma endorses these views.

  This is an example of domain-name infringement because the domain directly incorporates Dr. Anya Sharma's distinctive personal name, which functions as a professional identity. The registrant's bad faith intent is to exploit her reputation and credibility to lend legitimacy to their own misleading content, potentially damaging Dr. Sharma's professional standing and confusing the public.

• Example 3: Non-Profit/Service Disruption

  A well-known national charity, "Hope for Tomorrow," operates its primary online presence at "hopefortomorrow.org", where it solicits donations and provides information about its humanitarian work. A disgruntled former employee registers "hopefortomorrow.com" and uses it to publish negative, false information about the charity's operations and to redirect visitors to a competing, unrelated commercial website.

  This demonstrates domain-name infringement because "hopefortomorrow.com" is nearly identical to the charity's established name and domain. The former employee's actions show bad faith intent to confuse potential donors, divert traffic away from the legitimate charity, and undermine its mission by spreading misinformation and redirecting users for personal gain or malice.