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The policy has been adopted by all ICANN-accredited registrars.It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).. The policy is then applicable due to the contract between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant).
A pair of UGG boots from the United States where the name is trademarked A pair of Ugg boots made in Australia where the name is generic. The Lanham Act is the primary statute governing federal trademark law in the United States; [8] however, as it only applies to "commerce which may lawfully be regulated by Congress", [9] it does not address terms that are used in foreign countries.
Some countries have specific laws against cybersquatting beyond the normal rules of trademark law. For example, according to the United States federal law known as the Anticybersquatting Consumer Protection Act (ACPA), cybersquatting is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L. 106–113 (text)) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name.
An approved domain name dispute program provider for ICANN, the NAF has administered over 10,000 domain name disputes since 1999. [8] The number of domain name disputes administered is on the rise, up 143 cases from 2006 to 2007. The NAF deals predominantly with registered domain names that are abused by parties who have no legitimate rights to ...
Deckers' law firm Middletons of Melbourne began a serious effort to halt the Australian companies' sales [4] by sending cease and desist letters to a number of Australian and U.S.-based manufacturers, preventing them from selling sheepskin boots using the UGG trademark on eBay or from using the word in their registered business names or domain ...
His work in Canadian Domain Name law and as Founder of the Domain Name Law Reports Zak Muscovitch ( / ˈ m ʌ s k ə v ɪ tʃ / MUSS -kə-vitch [ 1 ] ) is a Canadian intellectual property lawyer. He is the founder of Domain Name Law Reports and has represented clients before domain name arbitrations in cases against companies like Google ...
similarity of the domain name to the trade or service mark; lack of rights or legitimate interest in the registered domain name; bad faith in the registration and use of the domain name. However, the UDRP presents its own problems that show the challenges that an online adversarial system applied to mainstream e-commerce disputes would have.