Trademarks And Cyberpiracy Prevention: The Bad Faith Requirement

Before the enactment of the United States ("US") Anticybersquatting Consumer Protection Act of 1999 ("ACPA"), the US Federal Trademark Dilution Act was the legal basis for lawsuits on trademark infringement of domain names. Then, when ACPA was enacted, concretely Title III, Section (Lanham Act S. 43(d), or 15 U.S.C. § 1125(d)), a specific cause of action for trademark infringement in domain names emerged. Thus, a company or holder of trademark rights may file a lawsuit under ACPA against those who register their trademark as domain name, provided that certain statutory requirements are met. This summary explains the basic requirements of 15 USC § 1125(d), also called 'cyberpiracy prevention'.

The following questions have been addressed in this article:

How does the plaintiff prove bad faith intent on the defendant?
How do courts analyze the bad faith intent on the registrant of a domain name?

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