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Domaining vs Cybersquating & Registring a domain "in bad faith"

mocha

Member
What is the difference between domaining & cybersquating & registring domain "in bad faith"?
I find this confusing because domaining is essentially buying domain names to resell them later for profit. Isn't that bad faith?


Let's say I registered Augustus[dot]au. Augustus is a famous Roman emperor. Can a global company trading under the name Augustus, and own Augustus[dot]com sue me?

What if instead of Augustus, I registred a common name e.g amazon[dot]au (the river) can the Amazon sue?
 
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trellian

Top Contributor
Hi,

Making a profit is not bad faith.

The main difference is if you 1. knowingly register a domain that is similar to an existing Trademark/Brand and then 2. use that brands name to make a profit on it in a way that is likely to be confusing for a visitor to that domain.

If you register augustus and use it for your own means and not create a site that is similar to the existing brand or monetize that domain with keywords that relate to that brand (this is bad faith), then they can not sue you and win.

If you create a site about Amazon River, then you are not infringing on any of the Amazon the corporation trademarks.
 
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mocha

Member
Thanks trellian.
Most domainers don't create a website for each domain name they acquire. They either wait for offers or list the domain in a marketplace.
Doesn't that breach the following auDA's policy: "Prohibition on registering domain names for sole purpose of resale: A registrant may not register a domain name for the sole purpose of resale or transfer to another entity."

PS: Admin. please delete the previous message. It was accidental & I cannot edit it.
 

Bacon Farmer

Top Contributor
Hi Mocha, if you've had a complaint perhaps chat to your registrar, who in most cases will help you.

Domainers typically target generic keywords (very defendable from complaints) as opposed to cyber squatters who target brands or company names.
 

mocha

Member
Hi Bacon Farmer, no that's not the case. I bought some domain names some time ago. Lately, I read about various domain name disputes & I like to undesrtand more about eligibility & and the right of domainers.
 

trellian

Top Contributor
Doesn't that breach the following auDA's policy: "Prohibition on registering domain names for sole purpose of resale: A registrant may not register a domain name for the sole purpose of resale or transfer to another entity."

This is no longer a policy, thankfully. You can register a domain to monetize or for resale as your sole intent. So this is no longer the case.

The reason eligibility is still an issue is only because there are still some policy requirements that need to be adhered and as long as registrants do so, then their domain names are generally safe. This is except if you monetize domains and infringe on existing trademarks, so just make sure that the monetized pages are optimized with the right keywords.
 

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