Marketers’ Boon in Cyberspace: The Anticybersquatting Consumer Protection Act

• Main Authors: Walsh, Michael G., Lan, Luh Luh, Lwin, May Oo, Williams, Jerome D.
• Other Authors: Wee Kim Wee School of Communication and Information
• Format: Article
• Language: English
• Published: 2015
• Subjects: Consumer welfare; Economic performance; Trademark infringement; Cybersquatters; Anticybersquatting Consumer Protection Act; Domain names; International protection
• Online Access: https://hdl.handle.net/10356/80887; http://hdl.handle.net/10220/38898
• Institution: Nanyang Technological University

Cybersquatting continually has plagued Internet traders. The Anticybersquatting Consumer Protection Act is intended to protect trademark owners and consumers alike, especially in the Internet environment. This article evaluates the effectiveness of the act by reviewing recent cases that have interpreted the act, details remedies available to consumers and others under the act, and explains the defenses available to cybersquatters. The authors discuss the currently unresolved issues under the act, including those related to international protection of existing domain names. The act may have had an unintended consequence for Web site creators, however, considering that some corporations use it to bludgeon into submission former employees and others who have created Web sites critical of the respective corporation’s policies and operations. A review of recent articles and court decisions casts light on whether the act is a help or a hindrance to marketers.