Legal Definitions - typosquatting

Typosquatting is the practice of registering a domain name that is a common misspelling, a slight variation, or a very similar name to an existing, legitimate website. The primary goal of a typosquatter is to trick internet users who make a small typing error into visiting their site instead of the one they originally intended to reach.

Once users land on the typosquatter's site, the squatter can profit in various ways. This might include displaying advertisements, attempting to collect personal or financial information through deceptive means (like phishing), or even selling the misleading domain name back to the original brand owner at an inflated price.

This deceptive practice is illegal under laws such as the Anticybersquatting Consumer Protection Act (ACPA) in the United States. The ACPA aims to prevent individuals from registering domain names that are identical or "confusingly similar" to established trademarks or brand names with the bad-faith intention of profiting from the original brand's reputation and goodwill. Courts have specifically interpreted "confusingly similar" to include these intentional misspellings. Those found guilty of typosquatting can face significant financial penalties and be legally compelled to transfer the infringing domain names to the rightful brand owner.

Examples of Typosquatting:

• Online Retailer Impersonation: Imagine a popular online clothing store called "FashionForward.com." A typosquatter might register "FashonForward.com" (missing an 'i') or "FashionFoward.com" (swapping 'o' and 'a'). When a customer accidentally types the misspelled address, they might land on the typosquatter's site, which could be filled with ads for unrelated products, links to competitor websites, or even sell counterfeit goods, thereby diverting potential sales and damaging the legitimate retailer's brand.

  How this illustrates typosquatting: This example demonstrates typosquatting by creating a domain name that is a common misspelling of a well-known brand, designed to capture traffic from users making a simple typing error and profit from the legitimate site's reputation.

• Financial Phishing Scam: A major credit card company operates its secure customer portal at "MyCardServices.com." A malicious actor registers "MyCardServises.com" (using an 'i' instead of 'e') or "MyCardService.com" (missing the 's'). If a customer intending to manage their account makes one of these common typos, they could be directed to a fake website designed to look exactly like the credit card company's login page. This fraudulent site would then attempt to steal their usernames, passwords, and other sensitive financial information, a practice known as phishing.

  How this illustrates typosquatting: Here, typosquatting is used with a bad-faith intent to profit by deceiving users into revealing sensitive information, leveraging a confusingly similar domain name to mimic a trusted financial institution.

• Misinformation Campaign: A reputable non-profit organization dedicated to environmental protection has its official website at "GreenEarthAlliance.org." A typosquatter registers "GreenEarthAlianc.org" (missing an 'e') or "GreanEarthAlliance.org" (swapping 'e' and 'a'). Individuals seeking information or wishing to donate to the legitimate charity might inadvertently type the misspelled domain and arrive at a site that publishes misinformation, promotes extreme political views, or simply collects donations for a fake cause, all while appearing to be associated with the trusted non-profit.

  How this illustrates typosquatting: This demonstrates typosquatting by creating a confusingly similar domain name to a well-known organization, intending to divert traffic and potentially spread propaganda or fraudulently collect funds under the guise of a reputable source.