The Internet Corporation for Assigned Names and Numbers Uniform Domain Name Dispute Resolution Policy and United States Anticybersquatting Consumer Protection Act provide remedies against bad faith registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name.
In many cases, an UDRP proceeding is faster and less expensive for trademark owners than an ACPA lawsuit. However, many trademark owners prefer to bring ACPA claims over an UDRP arbitration because the U.S. federal court is empowered to provide remedies other than the cancellation or transfer of the domain name.
Only pursuant to an ACPA action may a trademark holder recover statutory damages, attorneys’ fees and injunctive relief. Statutory damages include up to one hundred thousand dollars per domain name for bad faith registration, and two million dollars for the use of a counterfeit mark. Additional remedies may be available.
Call attorney Peter A. Koziol, Esq. at 561-235-0725 to pursue action against a cybersquatter.