ABSTRACT

The Internet has, without doubt, grown to become a virtual space in which so many commercial activities take place. In view of that fact, domain names which are the identifiers of the brands displayed or traded through the Internet invariably require protection. This is to avoid cases where cybersquatters acting in bad faith register domain names related to a brand with the intention to sell the same at a very high price to the brand owners at the time the brand owners will wish to have an Internet presence. The activities of cybersquatters have become prevalent and there are questions on the legal nature of domain names, which will determine whether or not cybersquatters can be liable for passing-off or infringement of domain name as the case may be. This work made a critical review of the position of the law on the legality or otherwise of cybersquatting. Regards were also made to the extant laws which are specific on cybersquatting. It is evident that Nigerian laws on intellectual property have not mentioned domain names which indicate that domain names are not intellectual property rights. However, administrative and judicial decisions have recognized domain names as a mark, therefore entitling it to protection as a trademark.