| Mistyped names have been equated with cybersquatting by U.S. Federal Courts. see the Shields v. Zuccarini case decided by the 3rd U.S. Court of Appeals. I argued in that case that the ACPA was meant to prevent domain holders from the unauthorized use of trademarks and the attempted resale of those domains to the TM holder, or, in the alternative, from using those TM domains to compete with the TM holder.
I further argued that the Internet is very exact and if the user did not type in the EXACT name of the domain, he wouldn't get it whether or not the mistyped name was owned by someone, and that this was not cybersquatting.
Unfortunately, the court didn't buy the argument and extended the definitions of "bad faith" to include typosquatters.
__________________ Howard Neu, Esq. |