Domain Name Theft - Cybersquatting: What It Means for Trade Marks

With the fast-spaced development and expansion of the internet, the chances of seeing a business without an online presence has almost become impossible as most business entities now have websites or at least one form of online presence or the other; and those without one are certainly considering doing the same. The reason is simple: the internet presents a speedy and convenient way of creating awareness for one’s products or services. Thus, establishing an online presence becomes highly necessary for organizations. However, because the registration of a domain name as a website does not require any legal requirement as it is registered on a first-come, first-serve basis (and even without proof of commercial use of the name) any one can register a name as a domain name even where the name constitutes the brand name or registered trade mark of another. This has now given rise to a situation whereby unscrupulous persons register names which constitutes the trade marks of others in advance, with the intent to profit,  mislead or cause reputational loss to the actual owners of the trade mark or name - Cybersquatting. Against this backdrop, this paper examines trade marks vis-vis Domain names and the legal and regulatory framework for their protection; and assesses whether cybersquatting may constitute trade marks infringement and if that is so, whether domain names can be protected as trade marks, especially in Nigeria.