In 1999, the Anticybersquatting Consumer Protection Act became a federal law that armed the proprietors of domain names with a cause of action against those squatting on the trademark owned by another and/or another’s personal name. It not only empowered victims with the ability to sue violators so that they transfer the domain name to the rightful owner, it also provided the potential of monetary relief for those harmed. The monetary damages available include either actual damages or those imposed by the statute, and they also allow a plaintiff to attempt to recover his or her fees and costs involved with litigating the cybersquatting matter.
Wronged individuals and entities have the option of using an alternative to the U.S. judicial system in an effort to rectify any wrong committed by a cybersquatter. The Uniform Domain Name Dispute Resolution Policy does not allow a trademark owner to receive monetary relief from a cybersquatter infringing on the mark; however, it presents the option of an expedited administrative proceeding to cancel or transfer a domain name to its rightful owner. This proceeding, which is governed by the Internet Corporation for Assigned Names and Numbers, is often more cost-effective for cybersquatting victims.
We are well versed with ACPA litigation efforts, UDRP hearings, and the benefits and negatives of each. Whether you are a plaintiff who has been harmed by a cybersquatter or someone threatened with an action by someone who claims to have been wronged, we are here to help. We also have experience in the selling of domain names in settlement procedures.