Anticybersquatting Consumer Protection Act

What does Anticybersquatting Consumer Protection Act mean?

The Anticybersquatting Consumer Protection Act, or ACPA, is a law passed in 1999 to prevent the infringement of a trademark related to an Internet domain name or presence. Specifically the law allows a trademark owner to bring a legal action against an individual or entity who registers a domain name similar to the name used by the trademark owner when the primary purpose of registering the domain name is to create confusion about which domain name is that of the legitimate trademark owner. The act deems the purchaser of a domain name to have acted in bad faith when they intentionally register a domain name that may be confusing to the public.

In addition, the law makes it illegal to obtain a domain name for the sole purpose of reselling it to a trademark owner for a profit. The one purchasing the domain name must have a legitimate plan to use the domain name for a web site.

The Anticybersquatting Consumer Protection Act supplemented the Federal Trademark Dilution Act of 1995, which did not specifically address abuse of domain names.

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Tort

Generally speaking a tort is an injury or action which is done either intentionally or unintentionally against another person. Under civil tort law if someone commits a tort against another person and the injured party suffers injury they are entitled to remedies under the law.

Category: Injury Law