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German court sentences cybersquatter to 22 months

OUT-LAW News, 15/09/2000

A German court yesterday convicted a 27 year old man of trademark infringement in connection with cybersquatting on 22 domain names. The court imposed a 22 month prison sentence, suspended to probation.

The Judge in the Munich court said the registration of daimlerchrysler.org and other names was in contravention of German trade mark laws.

Cybersquatting is the practice of registering a domain name in the knowledge that someone else will want it. The intention is often to hold the company which wants it to ransom. In Europe, there is no specific law against cybersquatting, but cases can be brought before the European courts on the grounds of trademark infringement and, in some countries, including the UK, the law of “passing off,” where one business misrepresents itself as being connected with another.

Disputes over global top level domains such as .com, .org and .net, and a few country code domains (although neither .uk nor Germany’s .de ) can alternatively be brought before a panel of the World Intellectual Property Organisation in the case of cybersquatting.

 

 

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