Cybersquatting Claims and Defenses Under the Anti Cyber Squatting Protection Act (ACPA)
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Cybersquatting (also known as domain squatting) is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.
On November 29, 1999, President Clinton signed into law the Anti-Cybersquatting Consumer Protection Act (ACPA). Generally, the ACPA is intended to protect the public from acts of Internet “cybersquatting,” a term used to describe the bad faith and abusive registration of Internet domain names.
Penalties include fines from $1,000 to $100,000 and forfeiture of the domain.
The Anti-Cybersquatting Consumer Protection Act (ACPA) protects trademark owners from any person who, in bad faith, registers an Internet domain name that is identical or confusingly similar to a trademark.
Bad faith is not specifically defined. However, in deciding what is “bad faith” in action, courts have considered the following:
- Was there an intent to divert traffic from a trademark holder’s site for commercial gain or to denigrate the trademark;
- Has the squatter attempted to sell the domain name without ever attempting to use it to transact business;
- Does the squatter own other domain names that are similar to other established trademarks; and:
- Is the trademark considered distinctive or famous?
When Cybersquatting occurs, our Florida Cybersquatting attorneys act quickly and aggressively to enforce your rights, arrest the Cybersquatting, collect damages to your brands, and prevent further damage in the future.
We can take the worry out of Cybersquatting lawsuits including Cybersquatting claims and Cybersquatting defense claims.
Our Broward County, Miami Dade County, and Palm Beach County Cybersquatting lawyers handle all Cybersquatting claims.
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