A Few Considerations For Indispensable Issues Of
To prevail, the trademark owner of either a registered or unregistered trademark must prove that the domain name is identical or confusingly similar to a trademark in which the trademark holder has rights; that the registrant of the domain name has no rights or legitimate interests in it; and that the domain name was registered and is being used in bad faith. The prevailing trademark owner may request to have the domain name transferred to itself or be cancelled. If transferring or cancelling the domain name registration is an inadequate remedy and/or significant damages have been incurred, a trademark owner may elect to pursue civil action under the Lanham Act on a theory of trademark infringement or cybersquatting under the Anticybersquatting Consumer Protection Act. The ACPA allows the court to award actual damages or statutory damages and to order the forfeiture or transfer of the domain name to the trademark owner. The touchstone is to demonstrate a confusingly similar domain and defendant’s bad faith intent to profit. Where the court finds that the domain registrant cannot be identified or that the trademark owner could not obtain personal jurisdiction over the defendant, the statute allows the trademark owner to bring an action in rem against the domain name in the district where the domain name registrar is located. However, no monetary damages are available in in rem cases. With the rise of online content sharing platforms, which allow users to illegally share copyrighted articles, books, photos, music, movies and other materials, copyright owners do not have complete control of how and when their materials may be posted on the internet by users. To combat these practices, copyright owners may take steps to protect their copyrights using a takedown notice under the Digital Millennium Copyright Act (DMCA).
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