|Mirage Resorts, owner of the Golden Nugget hotel-casino, have filed a lawsuit against a company they accuse of ‘cyber-squatting’. Cyber-squatting is the practice of registering famous brand names as Internet domain names, usually in the hope of later selling them to the appropriate owner at a profit. Mirage claim that a company of ‘unknown origin’ called YH Technology, which they believe to be based in Australia, is guilty of trademark infringement in their use of the domain name www.goldnuggetcasino.net. |
Although Cyber-squatting is a legally murky area, website www.cyberpaceattorney.com report that, “A trademark owner can prevail in a cyber squatting action by showing that the defendant, in bad faith and with intent to profit, registered a domain name consisting of the plaintiff's distinctive trademark. Factors to determine whether bad faith exists are the extent to which the domain name contains the registrant's legal name, prior use of the domain name in connection with the sale of goods and services, intent to divert customers from one site to another and use of false registration information and the registrant's offer to sell the domain name back to the trademark owner for more than out-of -pocket expenses.”
The website listed in the lawsuit, it appears, no longer exists and seems to have been replaced by www.24ktgoldcasino.com, which leads to Gold Nugget Online Casino.
The lawsuit alleges that YH Technology is committing trademark infringement, unfair competition and trademark dilution under federal statutes, common law trademark infringement, state deceptive trade practices and intentional interference with prospective economic advantage.