Recently deceased fitness guru Jack Lalanne is target of cybersquatters. Check out these web sites, which are typographical variations of the high traffic domain name www.jacklalanne.com and are clearly cybersquatting the famous name and brand:
The Anti-Cybersquatting Consumer Protection Act (“ACPA”) is a statute under the Lanham Act which specifically protects domain names from trademark infringement.
What are the elements which must be proven to establish cybersquatting under the Anti-Cybersquatting Consumer Protection Act (“ACPA”) creates liability for cert. Under the ACPA, a plaintiff must show that “(1) the defendant registered, trafficked in, or used a domain name; (2) the domain name is identical or confusingly similar to a protected mark owned by the plaintiff; and (3) the defendant acted with ‘bad faith intent to profit from that mark.’” DSPT International v. Nahum, No. 08- 55062 2010 WL 4227883 at *3 (9th Cir. Oct. 27, 2010); 15 U.S.C. § 1125(d)(1)(A).
The deal-of-the-day website known as Groupon files a trademark lawsuit against the two Australian brothers, Gabby and Hezi Leibovitch, who started the clone website called Scoopon in Australia.
Opportunistic cybersquatter Scoopon purchased the groupon.com.au domain name, registered the company name "Groupon Pty Limited", and filed for the Groupon trademark in Australia. Groupon owns the top level domain groupon.com and the registered Groupon trademark, which is registered with the United States Patent and Trademark Office.
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