Cybersquatting is quite common specially against the popular brands but most of the time, the victim company doesn't know about it. How do you know if a company is a victim of cybersquatting? Type in a name that is a trademark or copyright like Sakshay preceded by "www" and following by ".com", ".net" or ".org". If you get a valid web site which looks like it is related in some way to the domain name, then there is no cybersquatting in effect (although this could be a simple trademark violation). However, if you get one of the following results, then this could be a cybersquatter.

- Can't find server

- under construction

- page with no relationship to domain name

Of course there could be a reasonable explanation for each of these results, so they do not always mean there is cybersquatting occurring. It's a good idea to contact the domain name owner before taking any legal action to find out what's going on.

- The domain name registrants intention was to profit from your domain name in bad faith

- Your trademark was in effect and widely known at the time the domain name was registered

- The domain name is identical to your trademark

- And you have actually registered the trademark

How do you know there is a bad faith intent? Well, there is probably no bad faith intent if one of the following is true:

- domain name is the same as the person's name or nickname or company providing services or products in different domain.

- They are actually selling or intend on selling something on their web site - They have registered the domain prior to your trademark registration and have been using the domain name for some purpose or other.

- Does the web site owner actually have a legitimate use of the domain name? This would be, for example, true for a company named "Nike Foods". They would have a legitimate reason for owning the "Nike" domain name.

Some clues that cybersquatting is occurring include:

- The domain name owner has put up a web site which in some way harms your company. For example, if you had somehow purchased "TATA.ORG" and created a web site about how inferior are TATA products, you are cybersquatting.

- If the domain name owner never legitimately used the domain name and simply offered to sell it to you, he is cybersquatting. If a person buys up a lot of names and has sold them over and over, there is a pattern of cybersquatting.

- If the domain name is the same as a very famous trademark, then it has a greater likelihood of being considered cybersquatting.

What can happen if someone is found guilty of cybersquatting is they can be ordered to hand over the domain name. In addition, if the domain was purchased after 1999, they can be ordered to pay monetary damages.
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