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South Africa - Hijacked Domain Names Print E-mail
WHAT TO DO WHEN SOME CYBER PIRATE HIJACKS YOUR DOMAIN NAME

In the Internet Age, having the right domain name to host your website and e-mail can literally make or break your business. So if a cybersquatter, or an unscrupulous competitor, gets to register "your" domain name first, you could be in big trouble if you have to wade through a long and expensive Court process to protect your rights.

The good news is that you now have available a fast, relatively inexpensive way of challenging someone else's registration of a domain name. You will need to show that the registration is either
  • "Abusive", i.e. takes unfair advantage of, or is used to infringe, someone else's rights - cybersquatting and unlawful competition would be examples, or
  • "Offensive" i.e. contrary to good morals, e.g. sexually or racially offensive (of course an offensive name will be blacklisted, and then no one can use it).
We now have the first example of a dispute resolution under new ZADRR regulations, where an adjudicator from SAIIPL (South African Institute of Intellectual Property Law) ruled on a case where two businesses were fighting over a brand name that both had been using for many years - one for 18 years, the other for 27 years.

One registered a domain in the trading name, the other objected. In the end, the objector wasn't able to prove that the name was distinctive to it, and lost the domain name (a good lesson in the dangers of not protecting your trademarks upfront).
 

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