Trademark Law and Domain Names: ACPA or UDRP?

The MOZ Blog:  “I want to discuss how trademark law plays out in the course of a domain name dispute. We’re going to compare and contract the Anti-Cybersquatting Consumer Protection Act with I-CANN’s Uniform Domain Name Dispute Resolution Policy.  As I see it, there are generally three kinds of domain name disputes. They are as follows:

  1. Cybersquatting: You own a trademark and someone without a right to the mark is exploiting your mark in bad faith.
  2. Two trademark holders, one domain name: You own a trademark, but someone else owns the same mark too and there is only one domain name.
  3. No one owns the trademark, but everybody wants the brand: Not all domain names are trademark protected, but people inappropriately attempt to use trademark law to resolve domain name issues.

While discussing each prototypical domain name dispute, we will also discover the different statutes and dispute resolution procedures available in domain name disputes.”