n Tydskrif vir die Suid-Afrikaanse Reg - Cybersquatting, typosquatting and trade mark law (part 1)




During the previous decade a parasitical practice known as cybersquatting emerged. Cybersquatting can generally be described as the practice where one person registers a domain name (ie web site address) incorporating another person's trade mark name or business name, for the sole purpose of either selling that domain name to the former or to prevent the latter from registering that domain name. Typosquatting, on the other hand, is where someone registers a domain name that is an intentional misspelling of someone else's trade mark name, business name or domain name.

The purpose of this contribution is to ascertain how the United States courts applied their established principles to cybersquatting and typosquatting instances. The second and third parts of this contribution consider how South African courts will probably apply both the Trade Marks Act 194 of 1993 as well as the law of unlawful competition to cybersquatting and typosquatting instances.


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