You’ve created your brand and trademark, but the domain you wanted is already gone. It’s easy to think, “Someone cybersquatted my name.” Before jumping to that conclusion, let’s see what domain name cybersquatting really is and whether that’s what actually happened.
What is domain name cybersquatting?
According to ICANN, domain name cybersquatting refers to the bad faith registration of another party’s trademark as a domain name. Under the WIPO UDRP Guide, a valid cybersquatting claim must meet three key tests:
- The domain is identical or confusingly similar to your trademark.
- The registrant has no rights or legitimate interests in that domain.
- The domain was registered and used in bad faith, for example, to sell it back to you or mislead users.
If any of these three elements is missing, it usually isn’t considered cybersquatting under ICANN or WIPO standards.
When It’s Actually Not Cybersquatting?
Many people see their preferred domain taken and immediately assume “someone stole it.” In most cases, it might simply be a legitimate registration. It’s not cybersquatting when:
- The word is generic or descriptive (e.g., “cloud,” “green,” “tech”).
- The registrant uses the domain for a genuine business or project.
- The domain was registered long before your brand existed.
- There’s no sign of bad faith or intent to profit from your trademark.
IIf you’re not familiar with this definition, take tesla.de as an example. It clearly shows what isn’t cybersquatting.
What to do if you suspect cybersquatting
- Make sure you own a valid and recognized trademark, either registered or well established through use.
- Verify whether the domain name is identical or confusingly similar to your mark.
- Review how the domain is being used. is it listed for sale, redirecting traffic, or hosting legitimate content?
- If the situation clearly meets the three UDRP requirements (similarity, no legitimate interest, and bad faith), you can file a complaint through WIPO or another approved dispute provider.
- If not, it may be wiser to negotiate a purchase or choose a different TLD that fits your brand.
Real-world examples
Domain Name Cybersquatting case – microsof.com
A typo domain mimicking Microsoft was used to mislead visitors. The WIPO panel found confusing similarity, no legitimate interest, and bad faith; the domain was transferred to Microsoft.
Not cybersquatting – crappytire.com
This domain mocked the Canadian retailer Canadian Tire. The panel ruled that the registrant did not target the trademark itself and used the name for criticism, so it was not cybersquatting.
Smart brand strategy
If your company uses its domain mainly as a portal or informational site and hasn’t yet launched a full online business, registering your trademark first and selecting another available TLD might actually be the smartest decision. You can explore hundreds of extensions (like .io, .ai, .co, .app, and many others) at DomainKits.com/search/tlds to find an available and suitable name.
If your company is still new, it’s usually not worth spending too much time or money chasing a specific domain. Focus on building your brand and securing your trademark first. Once your business grows, you will have more leverage to buy or reclaim the domain through a UDRP process if it truly qualifies as cybersquatting. If you really want that domain early, a reliable domain broker from the largest Domain Registrar Godaddy can help you secure it at a fair price, but keep in mind that once you make an offer, your chances of winning a UDRP case later may significantly decrease.
Bottom line
Having a trademark doesn’t mean you own every domain that resembles it. Real cybersquatting requires proof of bad faith and lack of legitimate interest. Understanding this distinction helps you focus on building your brand — not fighting the wrong battles — and positions you to secure the right domain when the time is right.
…