The following is offered for information purposes, and not meant to be legal advice.
There appears to be many cybersquatters these days. This leads a company to wonder whether to put in the effort, and at what speed, to pursue cybersquatters.
Whether to pursue cybersquatters depends on budget, significance and recognition of the trademark or name being infringed, and whether the cybersquatter is a competitor.
If the cybersquatter is a competitor, the company may be seriously harmed if consumers become confused as to which is the real site, or traffic is diverted away from the company.
Another factor on whether to pursue a case is whether the type of information found at the real web site are more significant than that found at the cybersquatter's site.
The degree to which the consumers access the site is also a concern when evaluating whether to file a complaint against the cybersquatter.
One response to cybersquatters would be to send a cease and desist, track the cybersquatter's web site, and file a WIPO complaint within a month if there is no positive response to the cease and desist.
Alternatively, a company may let the cease and desist process extend over several months and file suit when negotiations to settle are not possible.
Unfortunately, some cybersquatters ignore the cease and desist letter and turn over the name only after receiving a complaint.
There is no one avenue to take when going after cybersquatters. The decision may depend on more business versus legal reasons.
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