Trademark Cyberpiracy Prevention Act Law and Legal Definition
Trademark Cyberpiracy Prevention Act is a federal law enacted in 1999, which authorizes a trademark owner to obtain a federal-court order transferring ownership of a domain name from a cyber-squatter to the trademark owner. The law requires the mark's owner to show that
(1) the mark and the domain name are identical or confusingly similar;
(2) the mark was distinctive when the domain name was first registered;
(3) the trademark's owner used the mark commercially before the domain name was registered; and
(4) the domain registrant acted in bad faith and intended to profit from the trademark's use.
Generally, registering a domain name with the intention to sell it to the trademark owner is an act of bad faith. However, if the defendant is able to provide a legitimate reason for the domain-name registration, the defendant may be allowed to keep the name.
Legal Definition list
- Trademark Assignment
- Trademark Application and Registration Retrieval System (TARR)
- Trademark Application
- Trade within the United States
- Trade Usage
- Trademark Cyberpiracy Prevention Act
- Trademark Dilution
- Trademark Document Retrieval System (TDR)
- Trademark Electronic Application System (TEAS)
- Trademark Electronic Search System (TESS)
- Trademark Image Capture and Retrieval System
