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(f) Contributory Cybersquatting

D. Expansion of Inwood Standard to “Non-Product” Cases: The “Direct Control and Monitoring” Test: 2. Internet Activity: (f) Contributory Cybersquatting (i) Introduction

Cybersquatting is a form of cyberpiracy involving the bad-faith use of another’s trademark in a domain name with the intent to profit. It is recognized as a form of trademark infringement under the Anti-Cybersquatting Consumer Protection Act (“ACPA”), passed by Congress in 1999 as an amendment to the Lanham Act. The ACPA provides in relevant [...]

D. Expansion of Inwood Standard to “Non-Product” Cases: The “Direct Control and Monitoring” Test: 2. Internet Activity: (f) Contributory Cybersquatting (ii) “Bad Faith Intent” and “Exceptional Circumstances”

Though the ACPA is silent as to secondary liability, several courts have recognized contributory cybersquatting as a cause of action. See Microsoft Corp. v. Shah, 2011WL 108954 *2 – *3 (W.D. Wash.); Solid Host, NL v. Namecheap, Inc. 652 F.Supp.2d 1092, 1117 (C.D. Cal. 2009); Ford Motor Co. v. Greatdomains.com, 177 F.Supp.2d 635, 646-647 (E.D. [...]

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