Cyberpiracy | Practical Law

Cyberpiracy | Practical Law

Cyberpiracy

Cyberpiracy

Practical Law Glossary Item 9-507-1304 (Approx. 3 pages)

Glossary

Cyberpiracy

Also known as cybersquatting. In general, the bad faith registration, trafficking, or use of a domain name identical or confusingly similar to a trademark owned by another party.
The Anticybersquatting Consumer Protection Act of 1999 provides civil remedies under federal law for acts of cyberpiracy including:
  • Injunctive relief.
  • Actual damages.
  • The defendant's profits.
  • Statutory damages instead of actual damages and profits.
Subject to certain requirements, a trademark owner may also seek transfer or cancellation of a domain name registered in bad faith through an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers (ICANN) and administered by dispute resolution service providers approved by ICANN.