A domain name is an address that directs people to your website, it enables users to locate your business on the internet. A domain name forms the foundation for a website and email address, for instance www.my-website.co.za and my.email@my-website.co.za. A trade mark on the other hand is a sign capable of distinguishing the goods or services of one company from those of other companies in the same field. Companies often use their names, protected by way of trade marks, as a domain name so that their customers can easily identify them.
Cybersquatting is when one buys a domain name that is indistinguishable or similar to a registered trade mark, in bad faith (i.e., without having any genuine interest in the domain other than disingenuous financial gains, spreading malware or reputational brand damage). Through the imitation of a legitimate website, cybersquatting is a cybercrime that profits from the positive image associated with a legitimate website or brand1.
Trade mark infringement occurs when an illicit website uses meta tags of a legitimate websites to manipulate search engines to direct users to this illicit website. Meta tags are text which appear on the webpage’s source code, but are not visible on the website, and are used to describe a webpage’s content. As an example, when including key word tags such as APPLE, or IPHONE 6 on your website, your website appears when a user searches APPLE online.
As a preventative measure, it is important to register both your trade marks and domain names since the domain name correlates with the impression the user has of a registered trade mark or brand. This highlights the importance of a domain name for any brand or business, and that one should always be vigilant by making sure to check the domain name and URL in search results. Domain names can be registered in terms of the Electronic Communications and Transactions Act 25 of 2002. However, registration of a domain name does not automatically mean that you own the domain name in perpetuity. You will have to renew your domain name on an annual basis.
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