Cyber –Squatting In Nigeria | Madu Blessing
The world today is indeed
a global village. It has revolved around
technology and the internet. With the advent of internet, individuals can establish
various businesses and register such business online and in doing so, they maintain
a personal or official domain name.
A domain name is a unique name that an
individual or organization chooses to identify its website. Every website has a
domain name which comprises of a registered internet protocol (IP) address. An
example is www.legalnaija.com. Since customers and clients try to find businesses
online, some individuals register this domain names identical to the company’s
or individual trademarks and then attempts to sell to its owner. These
individuals are known as cyber-squatters. Cyber-squatters have robbed
businesses of their fortune and it is a threat to legitimate business owners in
this digital era.
a global village. It has revolved around
technology and the internet. With the advent of internet, individuals can establish
various businesses and register such business online and in doing so, they maintain
a personal or official domain name.
A domain name is a unique name that an
individual or organization chooses to identify its website. Every website has a
domain name which comprises of a registered internet protocol (IP) address. An
example is www.legalnaija.com. Since customers and clients try to find businesses
online, some individuals register this domain names identical to the company’s
or individual trademarks and then attempts to sell to its owner. These
individuals are known as cyber-squatters. Cyber-squatters have robbed
businesses of their fortune and it is a threat to legitimate business owners in
this digital era.
Cyber- squatting, also known as domain
squatting is the act of registering or using a domain name in bad faith. The
person who registers this domain name has no affiliation with such name. It is
usually done with the intention of making profits by selling to its owners.
squatting is the act of registering or using a domain name in bad faith. The
person who registers this domain name has no affiliation with such name. It is
usually done with the intention of making profits by selling to its owners.
Anyone can be a victim of
cyber- squatting. The usual targets are however, businesses, Politicians and
celebrities. Some famous cases of cyber-squatting are Linda Ikeji, Donald
Trump, Konga, eBay and so on.
cyber- squatting. The usual targets are however, businesses, Politicians and
celebrities. Some famous cases of cyber-squatting are Linda Ikeji, Donald
Trump, Konga, eBay and so on.
Cyber-squatting is a major
issue in Information and Comunications Technology and its far reaching
implications has brought about a need to regulate this problem. In 2015, the Cybercrimes (Prevention, Prohibition, e.t.c)
Act brought about a framework that governed various aspects of online activities
including cyber-squatting.
issue in Information and Comunications Technology and its far reaching
implications has brought about a need to regulate this problem. In 2015, the Cybercrimes (Prevention, Prohibition, e.t.c)
Act brought about a framework that governed various aspects of online activities
including cyber-squatting.
Cyber-squatting was
defined in Section 58 as the
acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation and deprive others from registering same if such domain name
is;
defined in Section 58 as the
acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation and deprive others from registering same if such domain name
is;
·
Similar,
identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration
Similar,
identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration
·
identical or in any way
similar with the name of a person other than the registrant, in case of a
personal name; and
identical or in any way
similar with the name of a person other than the registrant, in case of a
personal name; and
·
acquired without right or
with intellectual property interests in it.
acquired without right or
with intellectual property interests in it.
An example usually occurs
where, C buys cowbell.com, when the company has not yet created a website and C
thereafter sells to cowbell at a later date for profit. Another example is
where, my name is Madu Blessing. I am a prolific writer and my books are best
sellers. A, registers a domain with the name www.madublessing.com. If A’s reason for
doing so is to;
where, C buys cowbell.com, when the company has not yet created a website and C
thereafter sells to cowbell at a later date for profit. Another example is
where, my name is Madu Blessing. I am a prolific writer and my books are best
sellers. A, registers a domain with the name www.madublessing.com. If A’s reason for
doing so is to;
·
profit financially
profit financially
·
mislead the public
mislead the public
·
destroy my reputation as a writer or
individual
destroy my reputation as a writer or
individual
·
deprive me from registering same
deprive me from registering same
Then, A can be regarded as
a cyber-squatter.
a cyber-squatter.
Section
25(1) of the Act stipulated the punishment for cyber-squatters
and it provides thus:
25(1) of the Act stipulated the punishment for cyber-squatters
and it provides thus:
“A person who, intentionally takes or makes use of a name,
business name, trademark, domain name or other word or phrase registered, owned
or in use by any individual, body corporate or belonging to either the Federal,
State or Local Government in Nigeria, on the internet or any other computer
network, without authority or right, and for the purpose of interfering with
their use by the owner, registrant or legitimate prior user, commits an offence
under this Act and is liable on conviction to imprisonment for a term of not
more than 2 years or a fine of not more than =N5,000,000.00 or both.”
business name, trademark, domain name or other word or phrase registered, owned
or in use by any individual, body corporate or belonging to either the Federal,
State or Local Government in Nigeria, on the internet or any other computer
network, without authority or right, and for the purpose of interfering with
their use by the owner, registrant or legitimate prior user, commits an offence
under this Act and is liable on conviction to imprisonment for a term of not
more than 2 years or a fine of not more than =N5,000,000.00 or both.”
The major
ingredients to note here is that;
ingredients to note here is that;
·
the offender must have an intention to
interfere with the owners name , business name,
trademark, and domain name
the offender must have an intention to
interfere with the owners name , business name,
trademark, and domain name
·
the owners name , business name, trademark, and domain name must be owned or be in use
by the owner
the owners name , business name, trademark, and domain name must be owned or be in use
by the owner
·
the act must have been carried out in the
internet or any computer network
the act must have been carried out in the
internet or any computer network
·
the act must have been without authority
the act must have been without authority
The court exercises wide
discretion when awarding penalties against convicted offenders. Section 25(2) further stipulates what a
court must take into consideration when awarding penalty. The court considers;
discretion when awarding penalties against convicted offenders. Section 25(2) further stipulates what a
court must take into consideration when awarding penalty. The court considers;
·
refusal
by the offender to relinquish, upon formal request by the rightful owner of the
name, business name, trademark, domain name or
refusal
by the offender to relinquish, upon formal request by the rightful owner of the
name, business name, trademark, domain name or
·
an
attempt by the offender to obtain compensation in any form for the release to
the rightful owner for use of the name, business name, trademark, domain name
an
attempt by the offender to obtain compensation in any form for the release to
the rightful owner for use of the name, business name, trademark, domain name
In
addition to the penalty specified under this section, the court may make an
order directing the offender to relinquish such registered name, mark,
trademark, domain name, or other word or phrase to the rightful owner.
addition to the penalty specified under this section, the court may make an
order directing the offender to relinquish such registered name, mark,
trademark, domain name, or other word or phrase to the rightful owner.
How
can victims protect themselves from cyber-squatters?
can victims protect themselves from cyber-squatters?
There
are numerous ways a victim can protect himself from cyber-squatters and they
are;
are numerous ways a victim can protect himself from cyber-squatters and they
are;
1. Making
a complaint at Internet Corporation for Assigned Names and Numbers (ICANN) –
ICANN makes use of UDRP (Uniform Domain
Name Dispute Resolution Policy). This is an online dispute resolution
mechanism that handles ownership of domain name disputes. The owner of a domain
name can file a complaint before ICANN accredited dispute resolution service
provider. ICANN would either cancel such domain name or order that it be
transferred to the rightful owner. Some conditions must be fulfilled before a
complaint may be made to UDRP and they are;
a complaint at Internet Corporation for Assigned Names and Numbers (ICANN) –
ICANN makes use of UDRP (Uniform Domain
Name Dispute Resolution Policy). This is an online dispute resolution
mechanism that handles ownership of domain name disputes. The owner of a domain
name can file a complaint before ICANN accredited dispute resolution service
provider. ICANN would either cancel such domain name or order that it be
transferred to the rightful owner. Some conditions must be fulfilled before a
complaint may be made to UDRP and they are;
·
the domain name must be identical or
similar to an existing trademark or service mark in which the complainant has
rights
the domain name must be identical or
similar to an existing trademark or service mark in which the complainant has
rights
·
the complainant must prove that the cyber-squatter
has no rights or legitimate interest in the domain name
the complainant must prove that the cyber-squatter
has no rights or legitimate interest in the domain name
·
the domain name has been registered and it
is been used in bad faith.
the domain name has been registered and it
is been used in bad faith.
Thus, it is only the owner
of a registered trademark that can successfully file a complaint. Complaints
can only be brought by those whose
domain name is gTLD (generic top level domains) or Country code top-level
domains.
of a registered trademark that can successfully file a complaint. Complaints
can only be brought by those whose
domain name is gTLD (generic top level domains) or Country code top-level
domains.
2. Proceedings
under Nigeria Internet Registration Association( NIRA)
under Nigeria Internet Registration Association( NIRA)
This is the Nigerian
Registry for .ng domain names. The owner of a domain name may institute his
action at NIRA if his domain name is a ccTLD and ends with .ng. It has its own
dispute resolution policies and rules. The conditions to be satisfied before a
complaint is brought and the remedies available are same as bringing an action
under ICANN.
Registry for .ng domain names. The owner of a domain name may institute his
action at NIRA if his domain name is a ccTLD and ends with .ng. It has its own
dispute resolution policies and rules. The conditions to be satisfied before a
complaint is brought and the remedies available are same as bringing an action
under ICANN.
3. Institute
Proceedings under the Cyber CrimesAct
Proceedings under the Cyber CrimesAct
Cyber-squatting is a
criminal offence and it is prohibited under Section 25. Cyber-squatters are
liable to imprisonment of two years or a fine of N5, 000,000 or both. To
institute an action, the domain name owner does not need to have a trademark so
long as his registered business name is the domain name. The complainant is
required to file an action with the police before an action can be commenced.
The court exercises its discretion in awarding penalty.
criminal offence and it is prohibited under Section 25. Cyber-squatters are
liable to imprisonment of two years or a fine of N5, 000,000 or both. To
institute an action, the domain name owner does not need to have a trademark so
long as his registered business name is the domain name. The complainant is
required to file an action with the police before an action can be commenced.
The court exercises its discretion in awarding penalty.
4. Bringing
an action under Civil Wrong
an action under Civil Wrong
Cyber-squatting cuts
across several areas of law including Intellectual Property, Trademark, Passing
off, and Deceit and so on. An action can be instituted under the Trade Marks
Act because the Act accommodates actions arising from domain name disputes and
cyber-squatting where the domain name is a registered trademark.
across several areas of law including Intellectual Property, Trademark, Passing
off, and Deceit and so on. An action can be instituted under the Trade Marks
Act because the Act accommodates actions arising from domain name disputes and
cyber-squatting where the domain name is a registered trademark.
Cyber-squatting is not
only regarded as a crime but it is seen as a serious threat to business. Thus,
to prevent cyber-squatting, business owners should secure their domain names by
registering their trademarks at the start of business before it is too late.
only regarded as a crime but it is seen as a serious threat to business. Thus,
to prevent cyber-squatting, business owners should secure their domain names by
registering their trademarks at the start of business before it is too late.
Blessing .C. Madu
Counsel