14 August 2013

Trademarks, domain names, remedies

Trademarks, domain name wars, and the birth of cybersquatting remedies - Lexology: " . . . . Both the Anticybersquatting Consumer Protection Act (ACPA), passed by Congress in 1998, and the Uniform Dispute Resolution Procedure (UDRP), required as part of all domain name registration contracts since 1999, addressed cybersquatting, defined as the registration or use of a domain name in bad faith and for profit. Under the ACPA, you could sue in court to recover a domain name registered by a cybersquatter. Under the UDRP, you could invoke a special cybersquatting dispute resolution procedure, even against a cybersquatter halfway around the world, one who is not amenable to suit in the United States. Both were altogether new remedies, creating an altogether new twist on trademark law in that special place: cyberspace."

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