Acquiring and securing trademark names that offer better marketing and selling opportunities for a given product is normally a key component in enhancing business strategy. However, most unscrupulous individuals have taken advantage over such opportunities and engaged in acts that infringes on the rights of the copyright owners. Using digitized technologies and internet, these individuals have not only infringed on the domain names of various trademarks, but have been able to upload and download products without the permission of copyright holders. This, in turn, has led to the enactment of various laws in curbing the vice. This paper therefore highlights on legal implications that are incorporated in cyberspace.
Cybersquatting has widely been practiced in today’s technological age. It has infringed on the rights of the copy rights holders. Ku (2012) points out that the practice has seen most individuals legally register, secure, and sell their domain names with phrases or words associated with famous individuals’ trademarks. It is such unscrupulous acts that prompted the Congress to enact the Anticybersquating Consumer Protection Acts (ACPA). This paper therefore highlights on legal implications that are incorporate in cyberspace.
Legal Implications on Cybersquatting
As Ku (20120 notes, the ACPA incorporated statutory remedies that gave the original trademark owner the power to recover their domain names from users who perceivably acted in bad faith. This was to bar the registrant individual from using another person’s domain name in making profit or as a premise of confusing the customer. He notes that the, federal courts outlined direct, indirect, and vicarious infringement theories to help describe who an infringer is in difference situations.
However, the enacted No Electronic Theft Act of 1997 meant to curb the copyright infringement vice by offering criminal sanctions to offenders has failed. Ku (2012) notes that the law is based on “fair use” regulation which not only balances the property writes of copyrights with the public interest, but offers more loopholes to copyright infringement.
Moreover, the revolution of technology into digital technology resulted into increased information superhighway for sharing media products (Ku, 20120). This has increasingly threatened the rights of copyright holders by allowing the easy and effective transfer of massive copies of media products without the permission of copyright owners. However, the amendments such as that done on the Audio Home Recording Act and the Digital Millennium Copyright Act by the congress have seen most entrepreneurs make profit.
In conclusion, there is need for the government to promulgate on legislations that fully protect the rights of copyright owners. However, it is also important to consider the impact of digitized technologies on the rights of copyrights holders when legislating on copyright laws that provides remedies of pursuing copyright infringers.