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All Jurisprudence based

0 tracked cards Criminal Law

A domain broker registers the domain galacticbrewsph.com, which is identical to the registered mark Galactic Brews owned by Galactic Brews Co. He has no license or rights to the mark or the domain. He sets up a landing page that imitates Galactic Brews' official site to mislead customers. He privately informs Galactic Brews that he will sell the domain to them for PHP 1,000,000 and has not previously used the domain for legitimate business. Under RA 10175 Sec. 4(a)(6), has the domain broker committed cyber-squatting? Choose the best answer and apply the elements to the facts.

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No. The offense targets only the registration of a domain that is identical to a mark; the confusing similarity standard does not apply. Yes. The domain name is identical or confusingly similar to a registered mark, there is no license or rights, the conduct is in bad faith to profit from the domain, and there is an intent to sell the domain to the mark owner aided by a misleading landing page. No. Cyber-squatting under Sec. 4(a)(6) requires that the offender have previously used the domain for legitimate business before any cyber-squatting can be charged, which did not happen here. Yes. Even without a completed sale, the combination of registering a domain identical or confusingly similar to a mark, lack of rights, bad faith to profit, and a landing page that misleads users establishes cyber-squatting.

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