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Domain Laws

If someone else has registered a domain name that you think is rightfully yours there are legal measures you can take to try and get the domain name. However, there are certain things you must be able to prove before you can win the lawsuit.

There are two basic measures designed to help trademark and other name owners protect themselves on the Internet:

1) The Anti-Cybersquatting Consumer Protection Act
2) The Uniform Domain Name Dispute Resolution Policy

The Anti-Cybersquatting Consumer Protection Act has been in place since November 1999 to protect against people who use domain names that are confusingly similar to pre-existing marks, or are similar to a famous mark, or infringe on other names. Bad faith is a prerequisite for this law to be violated. Bad faith can be interpreted as: Intention to lure away customers from the mark’s owner, the offer to sell the name back to the owner, ownership of multiple domain names similar to other marks, and any other negative intention toward the mark might be considered evidence of bad faith.

Domain Name Law Links

GigaLaw (http://gigalaw.com/) – Gigalaw is an excellent Internet Law Resource Website. Here you will find a wide array of articles that deal with domain name legal issues. This website also offers a book that covers most issues relating to Internet law.

ChillingEffects.org Frequently Asked Questions (and Answers) about ACPA – a great summary of facts regarding the The Anti-Cybersquatting Consumer Protection Act