Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Anticybersquatting Consumer Protection Act

Read a random definition: commissioner

A quick definition of Anticybersquatting Consumer Protection Act:

The Anticybersquatting Consumer Protection Act is a law that helps trademark owners protect their brand names from being used by others on the internet. If someone registers a domain name that is the same or similar to a trademark, and they do it in bad faith with the intention of making a profit, the trademark owner can go to court to get the domain name transferred to them. However, if the person who registered the domain name has a legitimate reason for doing so, they may be allowed to keep it.

A more thorough explanation:

The Anticybersquatting Consumer Protection Act (ACPA) is a federal law passed in 1999 that allows trademark owners to obtain a court order to transfer ownership of a domain name from a cybersquatter to the trademark owner.

In order to prove a violation of the ACPA, the trademark owner must show:

  1. The mark and the domain name are identical or confusingly similar
  2. The mark was distinctive when the domain name was first registered
  3. The trademark owner used the mark commercially before the domain name was registered
  4. The domain registrant acted in bad faith and intended to profit from the trademark's use

Registering a domain name with the intent to sell it to the trademark owner is considered an act of bad faith. However, if the defendant can prove a legitimate reason for the domain name registration, they may be allowed to keep the name.

For example, if a person registers the domain name "CocaColaSucks.com" with the intention of criticizing the company and not to profit from the use of the trademark, they may be able to keep the domain name. However, if a person registers the domain name "CocaCola.com" with the intention of selling it to the company for a profit, they would be in violation of the ACPA.

Anticounterfeiting Consumer Protection Act | antideficiency legislation

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
LSD+ is ad-free, with DMs, discounts, case briefs & more.