The ACPA, which stands for Anticybersquatting Consumer Protection Act or Anticounterfeiting Consumer Protection Act, is legislation designed to safeguard consumers from deceptive online practices such as fake websites and counterfeit product sales. Its purpose is to instill trust in online purchases and information.
The Anticybersquatting Consumer Protection Act (ACPA) and the Anticounterfeiting Consumer Protection Act are laws that safeguard against the unauthorized use of trademarks and famous names. The ACPA specifically prohibits the registration of domain names that are similar or identical to established trademarks, while the Anticounterfeiting Consumer Protection Act prohibits the sale of counterfeit goods. For instance, if someone were to register a domain name like “CocaColaProducts.com” without permission from the Coca-Cola company, they could be sued under the ACPA. Similarly, if someone were to sell fake designer handbags with the Gucci logo, they could be prosecuted under the ACPA. These examples demonstrate how the ACPA helps prevent consumer confusion and protects the reputation of companies and their products.
ACPA stands for the Anticybersquatting Consumer Protection Act, which is a federal law in the United States that protects against the bad faith registration and use of domain names that are identical or confusingly similar to trademarks.
ACPA protects trademark owners from individuals or entities who register domain names with the intention of profiting from the goodwill associated with someone else’s trademark.
To prove bad faith registration under ACPA, you need to demonstrate that the domain name was registered with the intent to profit from the trademark owner’s goodwill, and that the registrant has no legitimate interest in the domain name.
Yes, if you believe someone has registered a domain name in bad faith that infringes on your trademark, you can file a lawsuit under ACPA to seek damages and/or transfer of the domain name.
If successful in an ACPA lawsuit, the court may order the transfer of the infringing domain name to the trademark owner, as well as award damages, attorney’s fees, and other costs associated with the litigation.
Yes, you can still file a complaint under ACPA even if you do not have a registered trademark. However, having a registered trademark strengthens your case and makes it easier to prove infringement.
Yes, ACPA can be used to protect personal names as well, as long as the name has acquired secondary meaning and is associated with goods or services in commerce.
Yes, ACPA can be used to go after domain name squatters who register domain names in bad faith with the intention of selling them to trademark owners at an inflated price.
Yes, if you can prove that you have suffered actual damages as a result of the domain name infringement, you may be entitled to recover damages under ACPA.
ACPA is a federal law in the United States, so its provisions only apply within the country. However, other countries may have similar laws or international treaties that protect against cybersquatting.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 3rd May 2024.
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