Partner Baraa Kahf and Associate Savannah Torborg authored the article “A Future in Flux: Why the Anti-Cybersquatting Consumer Protection Act Created More Questions Than Answers,” published in Intellectual Property & Technology Law Journal.
In the article, Mr. Kahf and Ms. Torborg analyze the Anti-Cybersquatting Consumer Protection Act (ACPA), discussing its controversies and offering possible resolutions to the discord it has created in applying trademark principles to domain name ownership.
Mr. Kahf and Ms. Torborg write, “Before the APCA, legal practitioners and companies leaned on the Federal Trademark Dilution Act (FTDA) in domain disputes.” Since then, the ACPA has served “as a band-aid to the FTDA…[and has] failed to reconcile key trademark principles with domain name ownership.” The authors explain that domain name ownership implicates not only a trademark concerns but “should be analyzed using the lens of other legal theories as well, including unfair competition and consumer law”.
Read the full article here.
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