If someone accuses you of cyber-squatting, it is because a domain name you have registered is identical or similar to their registered or even unregistered trade mark.
This is of course a little unfair, as the difference in real trade mark law is that an infringement only occurs if the same or similar trade mark is used in relation to the same or similar goods and/or services and there is a likelihood of confusion.
Therefore it can be important to fight this, as even if the other party has a registered trade mark, you may not be likely to be doing anything legally wrong.
But you must remember that all legal and semi-legal disputes are decided in favour of who presents the best evidence and argument, not who is right.
Because of this it is crucial to provide the best possible evidence to us, so that a great deal of our time is saved, and correspondingly, your money is saved. It is preparation that often takes the longest time.
Tim Mount is a legal executive at trademarkroom, contactable at tim@trademarkroom.com
