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Posts Tagged ‘Promoters’

Cybersquatting, upcoming movie question.?

July 15th, 2012 2 comments

I’m just learning about cybersquatting. I have some questions. Heres my scenario:

I recently purchased the domain name CLOVERFIELD-2.COM in hopes of a sequel to the blockbuster movie cloverfield would be produced. I was hoping to sell the domain sooner (to people who buy/sell domains), or later (to the actual promoters of the movie). I didn’t know of cybersquatting when I bought this, and now i’m worried.

I also have the domain up for sale (for 500$) on ebay right now .. am i in any immediate legal danger? Should I cancel the auction, and even perhaps unregister the domain?

Or is it only illegal if the movie is developed, and I decline to surrender the domain?
I have since ended the auction, and the domain is no longer being promoted as on sale.

Does just owning the domain, (and not using it) put me in any legal danger?

Looks like the federal law known as the "Anticybersquatting Consumer Protection Act" could make you liable for anywhere from $1,000 to $300,000 if found to have engaged in the practice. According to summaries at wikipedia (so take them with a grain of salt) the law defines cybersquatting as an instance where (1) the trademark owner’s mark is distinctive or famous; (2) the domain name owner acted in bad faith to profit from the mark; and (3) the domain name and the trademark are either identical or confusingly similar (or dilutive for famous trademarks).

Without knowing all the facts or the law in its entirety, it’s certainly impossible to give you legal advice here, but from your limited description it looks like you might already be in jeopardy on all three points listed above.