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But courts seem to be willing to stretch the rules here and have found dilution in many cases where the mark might not have been considered famous under ordinary circumstances.
For instance, the following trademarks have been found famous in cybersquatting cases: In contrast, the trademarks Clue (for the well-known board game) and Avery Dennison have been held not famous by courts where they determined that the registrants were not acting in bad faith. Sumpton, the Ninth Circuit held that to qualify as famous, the mark must be truly prominent and renowned. Competing Use In several cases, competitors have registered their adversary's trademark.
Generally, however, if someone who lacks a legitimate claim registers a domain name with the intent to sell the name, prevent the trademark holder from gaining access to the name, or divert traffic, this activity will be considered cybersquatting.
A close corollary to cybersquatting is typosquatting - where the domain name registrant registers a variant of a famous trademark.
Often cybersquatters register the domain name but do not post a web site under that name.
Thus there can be no likelihood of confusion as required for trademark infringement.
In addition to broadly interpreting the "use in commerce" requirement to tag cybersquatters, courts have found dilution in cases where traditional dilution analysis might not have applied.When confronted with such bad faith behavior courts have stretched existing law in order to prevent the cybersquatter from maintaining control over the domain name.Traditional trademark infringement analysis would not have covered many cybersquatting cases.Even though no web site had been posted, the court held that ICBP intended to use its confusing domain name to lure potential customers to the site once it was created. Thus this case will not raise the issue as to how international courts would deal with registrations of trademarks by international competitors. Non-competing Use - Legitimate Claims The area of legitimate competing claims is the most complex in this field.
While customers might not be confused as to affiliation once they got to the site, they may simply purchase ICBP's products rather than searching for Green Products' real site. Consequently, it remains more unresolved than other domain name disputes.
Unlike other forms of Intellectual Property, trademark law is not designed to reward the owner of the right or as an incentive to create the intellectual property in the first place.