What are the pros and cons of pursuing a claim under the Anti-cybersquatting Consumer Protection Act?
The ACPA is a federal statute which provides for a number of remedies if someone is found to have registered your trademark or service mark as a domain name in “bad faith.” You can get an injunction against the cybersquatter to immediately cease using the domain name; you can get an order requiring them to transfer the domain name to you; you can recover either your actual out of pocket damages from the infringement or, if actual damages are difficult or impossible to prove, you can recover “statutory” damages which can vary between $1,000 and $100,000 per domain name; and you may be able recover your attorneys fees and court costs in bringing the lawsuit. In cases where the domain name registrant is either unknown or is located in a foreign country, you can bring an “in rem” action against the domain name itself. However, in an “in rem” action you are limited only to an order requiring cancellation or transfer of the domain name. Damages or attorneys fees are not available for in rem
