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A Warning to Overreaching Trademark Owners About the ACPA
The 1st U.S. Circuit Court of Appeals recently held that a provision of the Anti-Cybersquatting Consumer Protection Act provided a domain name registrant with a cause of action in federal court. For trademark owners, this decision means they should re-evaluate filing complaints under the Uniform Domain Name Dispute Resolution Policy that would be questionable under the slightly different ACPA standards.A Warning to Overreaching Trademark Owners: ACPA Gives Domain Name Registrants Cause of Action
In a case of first impression, the U.S. Court of Appeals for the 1st Circuit recently held in Sallen v. Corinthians Licenciamentos 2001 U.S. App. LEXIS 25965 (1st Cir. 2001), that a provision of the Anti-Cybersquatting Consumer Protection Act satisfied the U.S. Constitution`s case or controversy requirement and thus provided a domain name registrant with a cause of action in federal court, after the World Intellectual Property Organization (WIPO) determined that the domain name registrant was a cybersquatteTRENDING STORIES
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