What is the purpose of the Anticybersquatting Consumer Protection Act?
The Anti-Cybersquatting Consumer Protection Act (ACPA) was enacted in 1999 in an attempt to prevent cybersquatters from registering Internet domain names containing trademarks for the purpose of selling those domain name back to the trademark owner.
What is an ACPA claim?
The ACPA gives a trademark holder the ability to bring a federal lawsuit against someone for cybersquatting. A cybersquatting claim is related to trademark infringement and trademark dilution, discussed in What Trademark Covers, but it is a separate legal claim with its own requirements.
Which types of names are protected under the Anticybersquatting Consumer Protection Act?
§ 1129 protects any living person from having their personal name included in a domain name, but only when the domain name is registered for profitable resale.
Why do cybersquatters register domain names?
Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else’s trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses.
Which of the following does not have to be true for the Anticybersquatting Consumer Protection Act to apply?
Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply? The domain name is in another language. The Anticybersquatting Consumer Protection Act applies to all domain-name registrations and trademarks.
Is cyber squatting a crime?
Cybersquatting became a crime with the 1999 Anti-Cybersquatting Consumer Protection Act (ACPA). The ACPA made it illegal to buy domain names that are identical to or very similar to trademarks. A trademark is a word or phrase that identifies your products and services.
What does UDRP mean?
UDRP stands for Uniform Domain Name Dispute Resolution Policy. UDRP proceedings are legal actions brought for resolution of disputes regarding registration of Internet domain names. The Internet Corporation for Assigned Names and Numbers (ICANN) established the UDRP process.
Can I get sued for a domain name?
File a trademark infringement lawsuit. If you take the domain name registrant to court and win, the court will order the domain name registrant to transfer the domain name to you and may award you money damages as well. A lawsuit is always an option, whether or not you pursue ICANN’s dispute resolution process.
What is cybersquatting should cybersquatters be prosecuted?
Cybersquatting is an unethical practice that some corporations or individuals will engage in as a way to benefit from the credibility of another business. The action involves registering, selling, or using a domain name that uses or closely resembles the trademarked or registered name of an existing business.
What is an example of cybersquatting?
Example: A cybersquatter could buy Heinz.com if the company hadn’t created a website yet, looking to sell the domain to Heinz at a later date for profit, or use the domain name to attract traffic and generate money through advertising.
Can a company force you to sell a domain name?
For the mark holder to force transfer of your domain name they would have to pursue an administrative proceeding via the UDRP or file a federal lawsuit under ACPA.
What is the anticybersquatting Consumer Protection Act?
The Anticybersquatting Consumer Protection Act ( ACPA ), 15 U.S.C. § 1125 (d), (passed as part of Pub.L. 106–113 (text) (pdf)) is a U.S. law enacted in 1999 that 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.
Is contributory cybersquatting a cause of action under the ACPA?
GoDaddy.com, 737 F.3d 546 (9th Cir. 2013), petition for cert. denied 135 S.Ct. 55 (2014), that there is no cause of action for contributory cybersquatting, i.e. secondary liability under the ACPA.
What is cybersquatting and how does it affect your business?
The Act creates a cause of action for anyone who registers or uses a domain name that is confusingly similar to, or dilutive of, the trademark or personal name. Cybersquatting became apparent during a time when the Internet was first blossoming in some corporations were not savvy enough to realize the opportunities that existed on the Internet.
Is cybersquatting a personal name protected by the Lanham Act?
If a personal name qualifies as a mark per the Lanham Act than it is also protected by the ACPA. But, it should be noted that cybersquatting on a personal name is limited to when a registrant’s intent in registering a plaintiff’s personal name is to profit for financial gain.