Anticybersquatting Consumer Protection Act
The Anticybersquatting Consumer Protection Act ("ACPA"), enacted on November 29, 1999, amends the Lanham Act by adding a new Section 43(d). The new section provides trademark owners with a civil remedy against cybersquatting. Cybersquatting is the registering of others' trademarks as domain names and profiting from the sale of those domain names or traffic through the site: 3
Congress found that the unauthorized registration or use of trademarks as Internet domain names or other identifiers of online locations (commonly known as `cybersquatting') 3
- Results in consumer fraud and public confusion as to the true source or sponsorship of products and services;
- Impairs electronic commerce, which is important to the economy of the United States; and
- Deprives owners of trademarks of substantial revenues and consumer goodwill.
Lanham/Trademark Act
"The Lanham Act defines the statutory and common law boundaries to trademarks and service marks. Trademarks (and service marks) are words or designs used in the advertising of goods and services. Rights to use a trademark are defined by the class(es) for which the trademark is used. Therefore, it is possible for different parties to use the same trademark in different classes. The Lanham Act defines the scope of a trademark, the process by which a federal registration can be obtained from the Patent and Trademark Office for a trademark, and penalties for trademark infringement. The Legal Information Institute provides Title 15 of the US Code, which encompasses the Lanham Act." 4