15.31 Anti-Cybersquatting is a type of online trademark infringement that occurs when a person uses a domain name that is similar or identical to a registered trademark in bad faith. The person who is accused of anti-cybersquatting is known as a “cybersquatter.” The cybersquatter typically registers the domain name with the intention of profiting from the goodwill that is associated with the trademark. There are two main types of 15.31 Anti-Cybersquatting: typo-squatting and brand jacking. Typo-squatting occurs when a cybersquatter registers a domain name that is similar to a trademark, but with a misspelling, such as Amazonzn.comGoogle gooegoo Brandrand jackingdjacking is when a cybersquatter registers a domain name that is identical to a trademark, such as “amazon.com” or “google.com.” The cybersquatter will typically use the domain name to host a website that is designed to confuse visitors or to divert them to a website that is owned by the cybersquatter.
15.31 Anti-Cybersquatting
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FAQ
To establish a ?cybersquatting? claim under the ACPA, a plaintiff must establish that: (1) it has a valid trademark entitled to protection; (2) its mark is distinctive or famous; (3) the defendant's domain name is identical or confusingly similar to, or in the case of famous marks, dilutive of, plaintiff's mark; and (4
One of the most prevalent forms of cybersquatting is typosquatting. In this case, the cybersquatter purchases misspelled domain names for well-known brands on purpose. The objective is to take users to a fraudulent website if they type a domain name incorrectly.
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.
A trademark owner that wins a cybersquatting lawsuit can recover money damages (including maximum statutory damages of $100,000 per act of cybersquatting) and get an order canceling the defendant's registration of the offending domain name or transferring it to trademark owner.
In 1999 Congress adopted the Anti-Cybersquatting Consumer Protection Act (ACPA), which permits civil suits against individuals who engage in ?bad faith? attempts to appropriate the trademarks of others into their domain names without approval.
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.
The term cybersquatting refers to the unauthorized registration and use of Internet domain names that are identical or similar to trademarks, service marks, company names, or personal names.
The Anticybersquatting Consumer Protection Act (ACPA) is a US law. It prevents users from registering domains associated with existing trademarks or personal names with the intention of not using them. ?Squatters? often purchase these domains for re-selling them to trademark owners.