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When confronted with such bad faith behavior courts have stretched existing law in order to prevent the cybersquatter from maintaining control over the domain name.
For instance, Intel recently filed suit against the registrant of leads to a pornographic web site. Two recent cases include the litigation (note the absence of the "." between the www and painewebber) and the suit by Microsoft and MSNBC against the registrants of and for infringement.Unlike other forms of Intellectual Property, trademark law is not designed to reward the owner of the right or as an incentive to create the intellectual property in the first place.See the Theories of Intellectual Property orientation materials for additional information.But courts seem to be willing to stretch the rules here and have found dilution in many cases where the mark might not have been considered famous under ordinary circumstances.For instance, the following trademarks have been found famous in cybersquatting cases: In contrast, the trademarks Clue (for the well-known board game) and Avery Dennison have been held not famous by courts where they determined that the registrants were not acting in bad faith. Sumpton, the Ninth Circuit held that to qualify as famous, the mark must be truly prominent and renowned. Competing Use In several cases, competitors have registered their adversary's trademark.
One of the keys to the decision was that the defendant was not opportunistically trying to capture value by seizing a well-known mark. The Sixth Circuit, however, ruled that there was a possibility of infringement.