Once a domain name is reserved, it can only be used by the registrant. The cybersquatter then may attempt to sell or lease the domain name to the trademark holder or to sell the name to the public. In Avery Dennison Corp., by contrast, the Ninth Circuit noted that the issue of famousness was in dispute. The court noted, however, that the two terms had been registered and used by numerous other companies both on and off the Internet. Interestingly, the APCA also imposes liability on persons who simply register a domain name with bad faith intent.
Registration is relatively simple and inexpensive.
Having a registered trademark alone will not prevent someone from attempting to use the mark as a domain name. What registration will do, however, is give a company greater leverage in efforts to block use of the trademark as a domain name, both in terms of influencing a cybersquatter to stop using the mark and providing a record of registration that may be useful in a domain name dispute resolution process or legal action. Monitor the Internet to ensure that trade names and trademarks are not being used inappropriately. Once a business discovers inappropriate use, sending a letter to the person misusing the mark demanding that they stop doing so may be sufficient. If that does not work, a business may use a dispute resolution process established by a company registering domain names or seek legal relief to prevent further misuse.