Introduction
The advent of the Internet gave rise to new commercial opportunities and equally new forms of illicit activities, one of which is cybersquatting. To address this issue, the United States Congress enacted the Anti-Cybersquatting Consumer Protection Act (ACPA) in 1999. This article aims to elucidate the Act’s primary provisions, its aims, and the mechanisms it employs to protect trademark holders and consumers alike.
Key Provisions
- Identification of Cybersquatting: The Act defines cybersquatting as the act of registering, trafficking in, or using a domain name with bad-faith intent to profit from a trademark belonging to someone else.
- Damages and Relief: The Act provides for statutory damages of up to $100,000 per domain name and injunctive relief to prevent further infringement.
- In Rem Action: In cases where the cybersquatter is not readily identifiable, the Act allows for legal action directly against the domain name itself.
Conclusion
The Anti-Cybersquatting Consumer Protection Act represents a significant legislative milestone in the quest to make the Internet a safer place for commerce and intellectual property. By establishing clear parameters and penalties, it significantly empowers trademark holders in the digital sphere.
