Cybersquatters or Entrepreneurs – At What Point is Intervention Appropriate?
New Zealand Business Law Quarterly 1998
8 Pages Posted: 12 Dec 2012
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.'
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