Cyberpiracy Prevention - Part 1

In the next series of posts, I look to break down the Cyberpiracy / Anti-Cybersquatting law. Specifically, I'll take a look at 15 U.S.C. § 1125.

 

As stated in that section, a person shall be liable in a civil action by the owner of a mark if, without regard to the goods or services of the parties, that person (i) has a bad faith intent to profit from that mark AND (ii) registers, traffics in, or uses a domain name that (1) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (2) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or (3) is a trademark, word, or name protected by reason of section 706 of title 18 or section 220506 of title 36.

 

In the next post, we shall analyze bad faith and certain elements that courts take into consideration.