Cybersquatters or Entrepreneurs – At What Point is Intervention Appropriate?

New Zealand Business Law Quarterly 1998

8 Pages Posted: 12 Dec 2012

See all articles by Mark Perry

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Date Written: February 10, 1998

Abstract

Domain names, passing off and early approaches. 'There has been no definitive description by the Courts of the legal nature of passing off actions, but the thrust of the tort has been to remedy damage to the goodwill of a business caused by the defendant’s misrepresentation. This simple formula for passing off is now in danger of following in the footsteps of the procrustean extensions that have been made to other intellectual property rights in recent years, especially when dealing with new technologies. We now have novel concepts, such as misrepresentations being floated into cyberspace, entering the judicial vocabulary, and perhaps the assumption that the mere registering of what is really an address for information (ie, a domain name) is to be regarded as suspicious if the name used corresponds to that of someone else's company.'

Suggested Citation

Perry, Mark, Cybersquatters or Entrepreneurs – At What Point is Intervention Appropriate? (February 10, 1998). New Zealand Business Law Quarterly 1998, Available at SSRN: https://ssrn.com/abstract=2187199

Mark Perry (Contact Author)

University of New England - School of Law ( email )

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University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
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HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
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HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

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New Zealand

University of New England ( email )

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Australia

HOME PAGE: http://une.edu.au/law

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