BentleyConvertible.com: Smart Investment or Cybersquatting Risk?

Owning BentleyConvertible.com could potentially constitute cybersquatting under U.S. law, specifically under the Anticybersquatting Consumer Protection Act (ACPA) and international trademark laws, depending on several key factors:

Factors That Determine Cybersquatting:

1. Trademark Ownership by Bentley

   • “Bentley” is a well-known, trademarked brand in the automobile industry.
   • “Convertible” is a generic term for a type of car, but when combined with “Bentley,” it may imply association with the Bentley Motors brand.

2. Bad Faith Intent to Profit

   • If the domain was registered with the intent to sell it to Bentley Motors or a competitor for profit, it could be considered cybersquatting.
   • If the domain is used to mislead consumers into thinking it is an official Bentley website, that could strengthen a cybersquatting claim.

3. Legitimate Use

   • If the domain is being used for a fair purpose (e.g., a fan site, a blog about Bentley convertibles, or a generic convertible car website with no intent to profit off the Bentley name), it may not be considered cybersquatting.
   • However, if the site is monetized in a way that exploits the Bentley brand (e.g., selling car accessories using Bentley trademarks), that could be problematic.

4. Confusing Similarity to Bentley’s Trademarks

   • If Bentley Motors has a trademark on “Bentley Convertible” or if they argue that the domain creates consumer confusion, they could have a case.

5. Previous UDRP and ACPA Cases

   • Bentley Motors has won previous domain name disputes (UDRP cases) involving Bentley-related domains.

Possible Outcomes:

• If Bentley Motors files a UDRP complaint, they could win the domain if they prove:

  1. The domain is confusingly similar to their trademark.
  2. The owner has no legitimate interest in the domain.
  3. The domain was registered in bad faith (e.g., to profit from Bentley’s brand).

• Under the ACPA (U.S. law), Bentley could sue in federal court, leading to the domain being transferred and potential statutory damages.

How to Reduce Risk:

• If you register BentleyConvertible.com and want to keep it, ensure it is not used in bad faith or to mislead consumers.
• If the intent is to resell, offering it to Bentley Motors directly could be seen as bad faith.
• Consider a generic use (e.g., a general luxury convertible website that does not focus on Bentley alone).

For what it’s worth, I registered BentleyConvertible.com in 2012 and let is expire in 2019