Anticybersquatting Consumer Protection Act information
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L.Tooltip Public Law (United States) 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.[1][2] The law was designed to thwart "cybersquatters" who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party.[3] Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech,[4] while others dispute these complaints. Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants.[5] The FTDA was enacted in 1995 in part with the intent to curb domain name abuses.[6] The legislative history of the FTDA specifically mentions that trademark dilution in domain names was a matter of Congressional concern motivating the Act.[7] Senator Leahy stated that "it is my hope that this anti-dilution statute can help stem the use of deceptive Internet addresses taken by those who are choosing marks that are associated with the products and reputations of others".[7]
For example, in Panavision Int'l L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998), Dennis Toeppen registered the domain name Panavision.com. Panavision, the trademark owner, learned that Toeppen had registered its trademark when it attempted to register the trademark "Panavision" as a domain name.[8] Toeppen was using the domain panavision.com to display photographs of Pana, Illinois, and, when asked to cease, he offered to sell the domain name to Panavision for $13,000.[7] After Panavision refused to buy the domain name from Toeppen, he registered its other trademark, Panaflex, as a domain name.[7] The Court held that the FTDA could be violated without the traditional tarnishing or blurring the courts had required.[3] Rulings like this extended the FTDA substantially.
^Jane C. Ginsberg, Trademark and Unfair Competition Law 748 (Robert C. Clark et al. eds., Foundation Press 4th ed. 2007)(2001)
^ ab2-7A Gilson on Trademarks §7A.06, Trademark Cyberpiracy and Cybersquatting (Matthew Bender & Co. 2009)
^Serena C. Hunn, Anticybersquatting Consumer Protection Act: A Powerful Remedy in Domain Name Disputes? Or a Threat to Electronic Commerce?, http://www.fmew.com/archive/cybersquat/index.html
^2-7A Gilson on Trademarks §7A.07, Domain Name Dilution (Matthew Bender & Co. 2009)
S. AnticybersquattingConsumerProtectionAct in 1999. This expansion of the Lanham (Trademark) Act (15 U.S.C.) is intended to provide protection against...
1999, the AnticybersquattingConsumerProtectionAct inserted 15 U.S.C. § 1125(d), and amended 15 U.S.C. § 1114(2)(D). §§ 32 and 43 of the Act (now known...
interference with contract or an unfair business practice. The AnticybersquattingConsumerProtectionAct does not expressly recognize reverse domain name hijacking...
pornography sites. The Truth in Domain Names Act follows the more general AnticybersquattingConsumerProtectionAct passed in 1999 aimed at preventing typosquatting...
were detected in 2019. In the United States, the 1999 AnticybersquattingConsumerProtectionAct (ACPA) contains a clause (Section 3(a), amending 15 USC...
in compensation from John Zuccarini in 2001 under the AnticybersquattingConsumerProtectionAct after Zuccarini cybersquatted domain names. The cartoons...
legal situation was clarified by the AnticybersquattingConsumerProtectionAct, an amendment to the Lanham Act, which explicitly prohibited cybersquatting...
Dilution Act of 1995 (see Trademark dilution), the 1999 AnticybersquattingConsumerProtectionAct, and the Trademark Dilution Revision Act of 2006 (see...
claimed that Cabela's was in violation of the federal AnticybersquattingConsumerProtectionAct, trademark infringement and trademark dilution. In March...
doppelganger domain rather than to the legitimate user. AnticybersquattingConsumerProtectionAct (ACPA) Domain Name System (DNS) – System to identify resources...
this practice was made illegal with the passage of the AnticybersquattingConsumerProtectionAct in 1999. There are companies, such as DomainMarket.com...
Certified Public Accountants Association, England, U.K. AnticybersquattingConsumerProtectionAct, a 1999 United States law Anti-citrullinated protein antibody...
registrants of domain names containing trademarks, in the AnticybersquattingConsumerProtectionAct. By 2023, Toeppen's domain sales from the initial domain...
also established a precedent that liabilities under the AnticybersquattingConsumerProtectionAct (ACPA) include contributory trademark infringement. From...
2005) GoPets Ltd v. Hise 657 F.3d 1024 (9th Cir. 2011) (AnticybersquattingConsumerProtectionAct (ACPA) claims to be evaluated at the point of registration...
Relations Authorization Act, Fiscal Years 2000 and 2001; American Inventors ProtectionAct of 1999; AnticybersquattingConsumerProtectionAct; Arms Control and...
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