Kitsuron Sangsuvan, ‘Trademark Squatting’

ABSTRACT
Trademark squatting is a nightmare for brand owners and global business entities today. It is also increasing in many countries around the world. Generally, trademark squatting is an act of registering other people’s marks as their own by squatters in other countries in order to gain benefits from original marks or real trademark owners. Many brand owners or business entities have recently confronted this problem while there is no particular resolution. For example, Apple Inc was in its dispute over the iPad name with the Proview in China. The iPad dispute was ended when Apple Inc transferred 60 million to the Proview. Therefore, this Article describes the aspects of trademark squatting and how the principle of territory results in trademark squatting. The Article also addresses how to protect original marks from trademark squatting and how to regain trademark rights from trademark squatters. Finally, the Article proposes using WIPO Arbitration to resolve trademark squatting cases rather than domestic litigation.

Sangsuvan, Kitsuron, Trademark Squatting (December 12, 2013).

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