Legal Definitions - ACP

The ACP, which stands for Administrative Domain-Name Challenge Panel, refers to a specialized process designed to resolve disputes over internet domain names outside of traditional court litigation. It provides an administrative mechanism for individuals or organizations to challenge the registration or use of a domain name, particularly when they believe it infringes on their trademark rights or has been registered in bad faith. This panel offers a quicker and often less costly alternative for resolving such conflicts compared to going to court.

Here are some examples of how an ACP might be used:

• Trademark Infringement (Cybersquatting): Imagine "GlobalTech Solutions," a well-known software company, discovers that an individual has registered the domain name globaltechsolutions-support.com. This individual is using the domain to host a fake customer service portal that attempts to trick users into revealing personal information. GlobalTech Solutions holds a registered trademark for "GlobalTech Solutions."

  In this scenario, GlobalTech Solutions would initiate a challenge through an ACP. They would argue that the domain name is confusingly similar to their registered trademark, was registered in bad faith (to profit from their brand's reputation and engage in fraudulent activity), and is being used to deceive the public. The ACP would review the evidence and determine if the domain name should be transferred to GlobalTech Solutions or canceled.

• Brand Protection and Misleading Use: Consider "EcoHarvest," a popular organic food brand with a distinctive logo and packaging. They discover that a competitor has registered ecoharvest-fresh.net and is using it to sell products that are not organic, creating confusion among consumers who might believe they are buying from the original EcoHarvest brand.

  EcoHarvest could file a complaint with an ACP. They would assert that the competitor's domain name is confusingly similar to their established brand, was registered to mislead the public, and is being used to unfairly capitalize on their reputation. The ACP would assess whether the domain name registration constitutes an abusive registration under relevant policies, potentially leading to its transfer or cancellation.

• Personal Brand or Celebrity Name: Suppose Dr. Lena Khan, a renowned astrophysicist and public speaker, finds that someone has registered drlenakhan.info and is using it to promote conspiracy theories and pseudoscientific claims, severely damaging her professional credibility.

  Dr. Khan could bring a case before an ACP. She would demonstrate that the domain name incorporates her distinctive personal name, which she uses professionally, and that the registrant is using it in bad faith to exploit her reputation and spread misinformation. The ACP would evaluate whether the domain name should be transferred to her or taken down to protect her personal brand and the public from deception.