We’ve all seen the recent images of bulldozers tearing through walls and driving thousands of people homeless in Harare. It made me realize the old claim, that domains (dot coms especially) are a lot like real-estate, still holds true today.

Mugabe’s campaign – promoted by the government as “Murambatsvina”, or “drive out trash” – has displaced more than 200,000 people, not just in the capital Harare but also around Victoria Falls (30,000 people) and throughout the country. As their homes were torched and their possessions looted by the security forces, the people were told to “go home”. The ones that have no home (I assume that’s most of them) have been herded into re-education camps – deep in rural Zimbabwe.

UN’s special envoy called this “a new form of apartheid” and the reaction around the world hasn’t been very flattering to Mugabe’s regime. President Mugabe is 81 though, so at least the people of Zimbabwe have something to look forward to.

Back to online brands and cybersquatting. President Clinton signed the Trademark Cyberpiracy Prevention Act. The Act was supposed to prevent trademark infringement by making domain name holders (a.k.a. cybersquatters) legally liable, if their domains are “confusingly similar” to a registered trademark.

Since 1999, thousands of domain owners have received Cease & Desist letters and have been evicted from their virtual “homes“. Only a few of them made headlines – like the guy who registered www.avon.com in 1997 and tried selling it to Avon for an undisclosed amount.

However, you won’t be reading anytime soon about the guy who bought Sprite.nu for 16 year-old son (an aspiring graphic artist) only to get a virtual knock on the door 6 months later. Enter the lawyers of the Coca-Cola Company. Sprite is a popular term for anyone who’s into 3D computer graphic (games too!).

In effect, the Act gives trademark holders more rights than they previously enjoyed. The traditional trademark covers only a reasonably specific class of goods. For example, although the Coca-Cola Company has a trademark on Sprite (soft drinks), a footwear company should be able to trademark Sprite shoes.

This Act however allows courts to award damages of up to $100,000. No proof of lost profits or actual harm is required. The domain holder has to file the lawsuit, affirmatively demonstrate good faith, and prove s/he is innocent of trademark piracy. All that in a country where people are innocent till proven guilty.

A practical word of advice: to protect your company’s domains, check for any trademarks that already exist. Establish your LEGITIMATE interest in this domain (i.e. no placeholder for a homepage). Under no circumstance discuss selling the domain or engage in criticism, parody or satire as that may lead to an accusation of using the domain in bad faith. Transfer your domains to a reputable registrar who will follow ICANN’s rules while the domain dispute lasts. Last but not least, talk to your lawyer.

I know most of us are safe but you can be absolutely sure that on this blog, you’ll get only PRAISE of the amazing SMART cars. Aren’t they the cutest little cars in the world?

Note: Originally posted at SmartApps