What constitutes a violation of the Act?
In addition to having a domain name that steps on the toes of an existing trademark as mentioned above, a person will be held liable only if he or she has a “bad faith intent to profit from the mark, including a personal name which is protected as a mark.” An example of a personal name that is protected as a mark would be the name of a Hollywood celebrity whose name is used as a trademark to identify his or her performance services. >>top Question: What constitutes “bad faith” use of a domain name? Answer: The ACPA instructs the courts to consider a number of factors to determine the presence of bad faith. These are enumerated in the paragraphs below, but many involve new concepts that are rather vaguely defined. It may take some time before courts decide exactly how these new terms should be interpreted. • A court is likely to decide that a domain name registrant acquired or used the name in bad faith if s/he sought to divert customers from a trademark owner’s website to another that,
