The Anti-Cybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C. 1125(d), applies to those who have bad faith intent to profit from their registered domain name. This act also applies to domain names that are identical, confusingly similar, or dilutive of certain trademarks. According to the ACPA, the fines for cybersquatting range between $1,000 and $100,000 per domain name for which a cybersquatter is found liable. A cybersquatter will also be forced to transfer the domain to the rightful mark owner.
As part of our program we send cease and desist letters to cyber pirates who use our clients’ marks in their domain names. Most of the time our demands are met, as well as fees paid for the transfer of the domain, before further action is necessary.