A Guide to the Anticybersquatting Consumer Protection Act: Combating Piracy in Cyberspace offers a comprehensive examination of the federal law governing cybersquatting and the body of jurisprudence that has developed under the Anticybersquatting Consumer Protection Act (ACPA) since its enactment in 1999. Written by Gerald M. Levine and David E. Weslow, two experienced practitioners in domain name and intellectual property law, the Guide explains the distinctive elements and evidentiary demands of ACPA claims and distinguishes cybersquatting from traditional trademark infringement and dilution. It examines what constitutes an actionable claim, confusing similarity, bad-faith intent to profit, pleading requirements, jurisdiction, reverse domain name hijacking, cybergriping, parody, available remedies, and attorney's fees. The authors also explore the important relationship between the ACPA and the Uniform Domain Name Dispute Resolution Policy (UDRP), including federal court challenges to UDRP decisions and the differing standards, procedures, and remedies available under each system. Particular attention is given to the ACPA's unique in rem jurisdiction provisions and to evolving interpretations of the statute among the federal courts. Drawing upon published and unpublished decisions, including significant cases that have received limited attention, the Guide brings together the principles courts use to establish or rebut claims of cybersquatting.
It is an authoritative and practical resource for intellectual property attorneys, trademark owners, domain name registrants, litigators, scholars, and others seeking to understand the ACPA, its limits, and its role in protecting rights in the digital marketplace.