The Anticybersquatting Consumer Protection Act provides a federal claim requiring a distinctive or famous mark, a confusingly similar domain, and bad faith intent to profit. Statutory damages range from one to one hundred thousand dollars per domain.
In rem jurisdiction over the domain is available.
Alternative Names:
ACPA Claim|Domain Squatting
Why it Matters?
In rem jurisdiction against the domain itself resolves the recurring problem of anonymous or foreign registrants beyond personal jurisdiction, permitting an action in the registry's district. Statutory damages avoid proving actual harm. The statute's bad faith factors include offers to sell the domain, prior conduct patterns, and provision of false contact information, which registrant behavior frequently supplies directly.
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Related terms
Frequently asked questions
What solves the anonymous registrant problem?
What supplies bad faith evidence?
