Cybersquatting is a bad faith registration of another's trademark in a domain name. In addition to civil litigations, which may be launched against the unauthorized domain name according to the Trademark Act, if someone registered a domain name in a generic top-level domain (gTLD) of .tw operating under contract with the Taiwan Network Information Center (TWNIC) similar to other person's trademark, it may be able to file a TWNIC Domain Name Dispute Resolution Policy (TWDRP) proceeding, an equivalent proceed like the Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding.
The TWNIC has designated the Taipei Bar Association and the Science & Technology Law Institute at the Institute for Information Industry (III) as the domain name dispute resolution service providers for trial of the domain name disputes.
To prevail the TWDRP proceeding, it will be required to submit concrete evidence to prove all of the following factors:
1. The Domain Name is identical or confusingly similar to a trademark(s), mark(s), personal name, business name, or other emblem(s) of the Complainant; and
2. The Registrant has no rights or legitimate interests in respect of the Domain Name; and
3. The Registrant has registered or used the Domain Name in bad faith.
Two registrants used WeWork Companies LLC's famous WeWork trademarks to file and obtained the domain name registration of wework.com.tw and wework.tw respectively. Upon the complaints filed by WeWork Companies LLC, the panelist of the Taipei Bar Association made decisions on 24 December 2020 against the registrants and ordered that the domain names of wework.com.tw and wework.tw should be assigned to WeWork Companies LLC.
Accordingly, the TWNIC Domain Name Dispute Resolution Policy proceeding is one of alternative efficient actions to cease trademark infringement and cybersquatting.