Anti-cybersquatting Consumer Protection Act (ACPA) 1999

This act is often referred to as the “Truth in Domain Names Act”. Cyber-squatting is the act of purposefully registering a domain name that is either a known trademark or a well known person’s name, with the intent of basically holding the domain name for ransom.
In order for a trademark owner to bring a claim under the ACPA, the owner must establish

• the trademark owner’s mark is distinctive or famous;
• the domain name owner acted in bad faith to profit from the mark; and
• the domain name and the trademark are either identical or confusingly similar (or dilutive for famous trademarks).

ACPA is an extension of US Trademark law and provides a civil remedy for cybersquatting. The ACPA prevents non-trademark holders from profiting monetarily or through increased traffic by the use of a trademark or famous name. The law also covers similar names that confuse or possibly defraud the public as to the source or sponsor of products and services sold.

If someone has registered a domain name containing your trademark, they may be guilty of cybersquatting. Contact Domain Name Lawyers to learn more about your rights and how to protect these rights.