Friday, August 14, 2009

FAQ - 6 How does a mark owner use the ACPA against cybersquatters?


Answer: The ACPA creates a private right of action for trademark owners. This means that the owner of a trademark can sue the holder of a confusingly similar domain name. The suit must be brought in Federal Court - in a U.S. District Court.

To summarize what has been said above ? the mark owner must establish two elements to win a case against a cybersquatter. First, s/he must establish that the squatter has a domain name that is identical to or confusingly similar to your distinctive or famous trademark, or dilutes your famous trademark. Second, s/he must establish bad faith as discussed above.


Post a Comment

Custom Search