Domain Names and Anticybersquatting

The Anticybersquatting Consumer Protection Act(ACPA), 15 U.S.C. § 1125(d), is an American law enacted in 1999 and established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart “cybersquatters” who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party. Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech, while others refute these complaints.

Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants. The FTDA was enacted in 1995 in part with the intent to curb domain name abuses.

2017-03-21T10:13:52+00:00January 10th, 2012|All, Blog, Domain, Domain Name, Trademark, Trademarks|