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Legal and disputes

Anticybersquatting Consumer Protection Act (ACPA)

The ACPA is a United States law, part of the Lanham Act at 15 U.S.C. 1125(d). It lets trademark owners sue anyone who registers or uses a domain in bad faith to profit from their mark.

Why it matters

The ACPA works in federal court and can lead to damages or transfer of the domain. It differs from the UDRP, which is an arbitration process and only orders transfer or cancellation. Courts weigh factors for bad faith intent. A generic word held for its ordinary meaning is not automatically a violation. A common mistake is registering a brand name the owner has already used. Check trademarks before you buy, and avoid names that match famous marks.

Source: law.cornell.edu

Read nextDomain Names and Trademarks: UDRP, Cybersquatting, and How to Buy Safely

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