Cybersquatting is the registration or use of a domain name that is identical or confusingly similar to someone else's trademark, in bad faith, usually to profit from the brand's reputation or to sell the name back to the brand owner.
Cybersquatting vs. typosquatting vs. legitimate ownership
- Cybersquatting: registering your exact brand, or a close match, to exploit it. For example, a stranger registering your new product name the day it's announced.
- Typosquatting: a form of cybersquatting that relies on misspellings. See our guide to typosquatting.
- Legitimate ownership: someone who registered a generic word, a surname or an unrelated business name before your brand existed. Owning a domain you want isn't cybersquatting.
That last point matters. Many "squatter" complaints are really about a legitimate owner who registered the name first.
Your options
1. UDRP complaint. The Uniform Domain-Name Dispute-Resolution Policy, adopted by ICANN, applies to .com and most other generic domains. You must show that:
- The domain is identical or confusingly similar to your trademark
- The holder has no rights or legitimate interests in it
- It was registered and is being used in bad faith
The only remedies are transfer or cancellation of the domain. There are no damages, and decisions are published.
2. Legal action under the ACPA. In the United States, the Anticybersquatting Consumer Protection Act lets trademark owners sue, and courts can award statutory damages as well as transfer. It's slower and more expensive than a UDRP.
3. Takedown requests. If the domain is being used for phishing or malware, registrars and hosts will often suspend it quickly.
4. A quiet purchase. When the holder has an arguable legitimate interest, or you need the name fast and without a public record, buying it is often quicker and more certain. The catch: if the owner learns a major brand is asking, the price rises. That's why brands use a stealth acquisition, where an agent buys under its own name.
Which route should you take?
| Situation | Best first move |
|---|---|
| Clear bad faith, phishing or impersonation | Takedown request, then UDRP |
| Exact brand match registered after your launch | UDRP, or a quiet purchase if speed matters |
| Generic word or older legitimate registration | Quiet purchase |
| You need it before a launch, with no publicity | Quiet purchase |
Talk to a trademark attorney before filing a dispute. TastyName isn't a law firm and doesn't give legal advice.