Domain Bad Faith Analysis ACPA vs UDRP

What happens when a trademark is held hostage online? In this episode of Mark My Words, we're diving deep into the digital trenches to explore the world of cybersquatting. We unravel the two primary weapons brand owners have in this fight: the U.S. Anticybersquatting Consumer Protection Act (ACPA) and the global Uniform Domain Name Dispute Resolution Policy (UDRP).

We’ll contrast how each framework defines and proves the crucial element of "bad faith" and highlight a key distinction: can you be liable if your bad intentions only developed after you registered the domain? We'll look at the case of DSPT v. Nahum to see how the ACPA handles post-registration bad faith, a scenario where the UDRP might fall short. Then, we explore the other side of the coin: when is it okay to use someone else's trademark in your domain name? We break down the principles of nominative fair use through the landmark Toyota v. Tabari case to understand the legitimate defenses available to domain name registrants.