Partner Baraa Kahf authored the article, “Congress Should Act to Rescue the ACPA from Irrelevance,” which was published in Law360.
The article discusses a split of authority on the interpretation of the Anti-Cybersquatting Consumer Protection Act (ACPA) – an Act Congress devised to prevent entities who register domain names from extorting trademark owners, also known as cybersquatting.
In the article, Kahf explains that the split concerns whether purchases or transfers of domain names after the initial registration are also considered “registrations” under the Act, thereby triggering the Anti-Cybersquatting protections. He argues that such transfers should be considered “registrations,” and examines the support for this view in the statutory language, Congressional intent, case law, and policy considerations.
Read the full article here (subscription required).