1) What is cybersquatting ? There have been cases in Argentina ?
The action is cybersqautting register the name of an Internet domain, knowing that someone has a better right to it, usually it has done to sell to who should be the owner or to divert traffic to your competitor web pages or other content..
In Argentina, I been cases and usually occur daily due to lack of conocmiento of this problem by the companies end up paying large amounts of money to recover, and lack of mechanisms to recover a domain name both nationally (.com.ar), and international (.with)
2) It can be considered as a crime of misuse of brand ?
Clearly and conspicuously is a crime, brand abuse, The object of this action is to extort the trademark owner to recover by a bulky figure an Internet domain that should belong to the same as being holder of the trademark ownership.
3) If someone registers a domain with a Foreign .com extension eg .com coincident with a registered mark in Argentina , Parents who integrates the Berne Convention. The owner of the trademark has better right ? In that case what are the ways to recover?
And, It has a better right, the Berne Conveción gives the same. To retrieve a foreign domain name (.with) in relation to a trademark title, ICANN has created a new mechanism for arbitration of disputes domains quickly, who wants to use it must demonstrate that:
• has a right in favor of a name that is identical or confusingly similar to the registered domain name
• The domain owner has no legitimate interest in it
• That the domain registration and use in bad faith are
For presentation can claim up 15 domains, taking apart the suspension of the use of the domain claimed pending dispute, It should be noted in that trademark issues to take advantage of this new system, trademark owners around the world must validate their brands to the Trademark Clearing House.
There is also the traditional method of ICANN consisting of 5 steps:
- Filing a complaint with a service provider of dispute resolution is accredited by ICANN and selected by the applicant, such as WIPO (World Intellectual Property Organization).
- The other part of either a person or entity against which it has filed suit has the right to file a disclaimer to fend off the accusation
- The appointment of an expert group Admnistrativo, composed of one or three, that will decide the dispute, Appointment made by the service provider selected dispute settlement.
- The decision of the Administrative Panel, it notifies the parties, the concerned Registrar and ICANN.
- The enforcement of the decision of the administrative panel by registrars interested, if a resolution that has to be canceled or transferred the name or domain name in question is issued.
Ternerse should present these dispute resolution mechanisms have a cost that varies according to the number of domains to be claimed.