Icann Domain Name Trademark Infringement. The AnitCybersquatting Consumer Protection Act ACPA is a federal law enacted to thwart such cybersquatters who register Internet domain names containing trademarks with no real intent to create a website but instead with the bad faith intent to profit from the good will of a registered trademark. Under the policy most types of trademark-based domain-name disputes must be resolved by agreement court action or arbitration before a registrar will cancel suspend or transfer a domain name.
To determine infringement ICANN should rely in the short term on predictive models. Any accused domain name has been registered and is blatantly being used in bad faith. All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy often referred to as the UDRP.
If the date that the trademark was first registered predated the domain name registration the domain name owner had to supply their own trademark registration for the second-level domain name.
Courts have laid down Sleekcraft test to determine acts of trademark infringement. In some cases you can file an action against the domain name itself rather than suing an individual or business. Last month the Motion Picture Association of America MPAA issued a carefully-worded statement urging ICANN the overseer of much of the Internets fundamental naming and numbering. Complaints regarding trademark infringement due to website content and domain names are outside of ICANN s scope and authority.