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Article: Statutory Damages Under The Anticybersquatting Consumer Protection Act.
- Article from:
- Mondaq Business Briefing
- Article date:
- January 30, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Anticybersquatting Consumer Protection Act ("ACPA") applies to any person who "registers, traffics in, or uses a domain name" that is identical or confusingly similar to a distinctive mark, or that is dilutive of a famous mark, and who "has a bad faith intent to profit from that mark."1 The ACPA applies to all domain names regardless of whether they were registered before, on, or after the enactment of the ACPA on November 29, 1999.2
ACPA Remedies Generally The Lanham Act provides for a number of potential remedies to a successful ACPA plaintiff, including injunctive relief,3 forfeiture or cancellation of the disputed domain name or transfer of the name to ...