There are some rules against what is known as “cybersquatting,” but it’s not a matter of just what “large corporations would likely use.” Under the Anticybersquatting Consumer Protection Act of 1999, 15 U.S.C. §1125(d), you can get a domain name away from a cybersquatter under two circumstances:
(1) You show that the registrant “has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section.” (Rumour has it that the personal name part was put in after someone registered the name of the wife of U.S. Sen. Orrin G. Hatch (R-Utah), then the chairman of the Senate Judiciary Committee, whose purview includes intellectual property, and had associated it with a porn site.)
Or –
(2) You can show one of the following three things:
– You have rights in a distinctive mark and the domain name is “identical or confusingly similar” to your mark.
– You have rights in a “famous” mark (as defined by the Federal Trademark Dilution Act) and the domain name “is identical or confusingly similar to or dilutive of that mark.”
– You are the Red Cross or the International Olympic Committee and someone else has used marks that are specifically protected under federal statute (namely, “Red Cross,” “Olympics,” and related marks).
This statement reflects a misunderstanding of trademark law and a misunderstanding of the U.D.R.P.
First, there is such thing as a “common law trademark” in the United States under state law. That means that you can exercise certain rights in a trademark, even if you haven’t registered it with the U.S. Patent and Trademark Office.
In order to win a U.D.R.P. action, you have to show that:
(1) The domain name in question is “identical or confusingly similar to a trademark or service mark in which” you have “rights.” Usually, this means a registered trademark, but it doesn’t have to be. You just have to show that you have valid rights in a mark. Valid rights are based on showing that you use it in commerce as an identifier of the source of goods or services.
(2) The domain name registrant has “no rights or legitimate interests” with respect to the domain name.
(3) The registrant registered and is using the domain in bad faith.
What is bad faith?
The following may constitute evidence of bad faith:
(1) Evidence that the registrant registered the domain name “for the purpose of selling, renting, or otherwise transferring the domain name registration” to you, the person who has rights in the mark, “for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name.”
(2) Evidence that the registrant registered the domain name “in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name” and has done this more than once.
(3) Evidence that the registrant registered the domain name “primarily for the purpose of disrupting the business of a competitor”
(4) Evidence that the registrant registered the domain name "“intentionally attempted to attract, for commercial gain, Internet users to” the registrant’s Web site “by creating a likelihood of confusion with [your] mark as to the source, sponsorship, affiliation, or endorsement of [the registrant’s] web site or location or of a product or service on [the registrant’s] web site or location.”
It might not have been successful in the Barbie case because Mattel was not able to show that:
(1) Barbie had “no rights or legitimate interests” in barbie.com. Well, because it’s her name, and obviously that is evidence of a legitimate interest in the domain name.
(2) Barbie had not registered and used the domain name in bad faith. If she was using it as a personal Web site, then there’s no reason why Mattel should be able to take it away from her. In trademark law, more than one person can have rights in a term, and you can’t always stop someone else from using that term.