Cybersquatting Definition under the ACPA. The Basics.

What is cybersquatting? 

It is a question I hear a lot as an internet lawyer protecting trademark interests across the World Wide Web.  Today we are speaking with Attorney Brian Hall so we can all better understand what constitutes 'cybersquatting" under the Anti-Cybersquatting Piracy Act (ACPA), commonly referred to as the Anticybersquatting Consumer Protection Act. With statutory damages and attorney fees at stake, you don't ever want to wake up in the morning receiving an ACPA lawsuit from the local process server or a trademark infringement threat letter in your certified mail.

1.    Brian:  Domain names are sometimes protected as trademarks under the Cybersquatting Act. When does a domain name violate a trademark
2.    What is your layman's definition of cybersquatting?
3.    OK.  Now give me the legal elements of Cybersquatting under the ACPA.

Now that you know what cybersquatting is, you can decide for yourself what domains to keep and which ones to ditch. I you are a victim of cybersquatting, you need to protect your trademark rights.  If you have been accused of cybersquatting, you need to make sure you don't say anything which will be used against you later.