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LSDefine

Simple English definitions for legal terms

Anticybersquatting Consumer Protection Act

Read a random definition: income-shifting

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

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BulbasaurNoLikeCardio
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Dkk
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@SplitterusClitterus: 11:22:24 PST, so in about an hour.
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Adios EvolBunny then
yall saw the shit at gtown rn w the pregnant 2l
Dkk
13:22
@HopefullyInLawSchool: Lol
babycat
13:22
we have one local rep who didn’t get reelected bc she went on a podcast and said some crazy shit about jewish people
insane
13:22
@HopefullyInLawSchool: that is so unfair its insane that people have to go through that
theres a student that is literally having a baby and the admin denied her request for a test extension, and told her to come in the day after she gave birth to take the exam w her baby
come in the DAY AFTER SHE GIVES BIRTH
W HER BABY
13:23
saw that, crazy that she cant just hold the fucker in for a day longer
LMFAO
babycat
13:23
gulc going to hell I’m so serious
glovediedthisishismom
13:24
thats definetly horsey on an alt
glovediedthisishismom
13:24
no way any professor did that
13:25
thrifted a vintage burberry suit today and feeling unstoppable
Dkk
13:26
Nice
glovediedthisishismom
13:26
im in the field like a defensive lineman im always in saks 💯
1a2b3c4d26z
13:26
That's awesome
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