Anticyberquatting Consumer Protection Act

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Who May Be Liable Under the ACPA?

sm  Only a person who has a bad faith intent to profit from a mark may be held liable under the ACPA. In assessing the "bad faith" of a person who had registered another person's trademark as a domain name, courts will consider whether the person:
1. has any trademark or other rights in the domain name;
2. has a legal or commonly-used name matching the domain name;
3. has used the domain name for bona fide offers of goods or services;
4. is making "fair use" of the mark in a site using the domain name;
5. intended to divert customers to a site that could harm the trademark's goodwill;
6. offered to sell the domain name without having used it;
7. provided material false contact information in his domain name application;
8. registered or acquired multiple domain names that he knows are identical or confusingly similar to already distinctive or famous marks.