The Anti-Cybersquatting Consumer Protection Act (ACPA) was an amendment to the Lanham Act to fill a gap. The problem was the trademark and service mark owners didn’t have a way to sue under the Lanham Act for improper use of their trademarks and service marks incorporated in domain names because the Lanham Act is limited to trademarks and service marks. With this amendment it allows trademark and service mark owners to sue claiming that the registration of the domain name was done so in bad faith because the domain name registrant does not a have a good faith, or legitimate, purpose in using the domain name that incorporates the plaintiff’s trademark or service mark. See 15 U.S.C. 1125(d)
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