DOMAIN TASTING AND THE FEDERAL ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT (ACPA)

Questions have arisen as to whether the U.S. Anti-cybersquatting Consumer Protection Act (ACPA) applies to "domainers" (individuals or entities who engage in the business of buying and selling domain names) in general, or to "domain tasting" specifically. In addition, it has been unclear whether the liability provisions of the statute would apply to registrars. A California Federal court indicated that the ACPA applies to "domain tasting,” in a 2008-decision granting an injunction to Verizon California.

The following questions have been addressed in this article:

What did plaintiff and defendant allege in the California's Verizon case?
How did the court treat the defendants’ claim that a name reserved in the domain tasting period could not violate the provisions of the ACPA?
What remedy did the court grant to Verizon?
Have monetary damages been awarded?
What are the ramifications of this decision for the "domaining" industry?

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