How does a mark owner use the ACPA against cybersquatters?
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.
Related Questions
- If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
- How does a mark owner use the ACPA against cybersquatters?
- What is the pass mark for the owner builder course test?
