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All Jurisprudence based

0 tracked cards Criminal Law

A domain broker registers the domain zephyrlabsph.com, which is identical to the registered mark Zephyr Labs owned by Zephyr Labs, Inc. He has no license or rights to the mark or the domain. He sets up a landing page that imitates Zephyr Labs’ official site to mislead customers. He privately informs Zephyr Labs that he will sell the domain to them for PHP 1,600,000 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. Cyber-squatting is limited to marks that are well-known or famous; Zephyr Labs is not shown to be a well-known mark, so the offense does not lie. No. Cyber-squatting requires that the registrant actually monetize the domain through a sale or transfer; merely offering to sell the domain does not constitute cyber-squatting. No. The domain is not strictly identical to the mark because it includes the country code top-level domain and the string is not exactly the mark; the offense requires either identical or confusingly similar to a registered mark, which is a closer question here. Yes. The domain is identical to a registered mark, registered without rights, uses a landing page to mislead, and shows an intent to profit by selling to the mark owner with no legitimate business use.

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